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HomeMy WebLinkAboutRevised/Corrected Dead Tree Phase B - As-Built Report__20230504ID#* 20201937 Version* 2 Select Reviewer: Katie Merritt Initial Review Completed Date 05/04/2023 Mitigation Project Submittal - 5/4/2023 Is this a Prospectus, Technical Proposal or a New Site?* Yes No Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name: * Email Address: Barrett Jenkins bjenkins@restorationsystems.com Project Information ID#: * 20201937 Version:* 2 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Dead Tree Phase B County: Edgecombe Document Information Mitigation Document Type:* Mitigation As -Built Plans File Upload: V2 2020-1937v3 Dead Tree Phase B - As -Built 62.98MB Report_.pdf Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name:* Barrett Jenkins Signature: * ff,? t t'Tr IPiYA;Y'f a DAVEYI company 5/4/2023 To: Katie Merritt Nutrient Offset & Buffer Banking Coordinator 401 & buffer Permitting Unit NC Department of Environmental Quality Re: DWR#2020-1937V2 Dead Tree Phase B AsBuilt Report We are submitting the second version of the AsBuilt report for the above reference Bank Parcel originally submitted in September 2022. Response to comments is followed by the credit release request for Task 3 and 4 (Task 1 and 2 have been previously released and Task 4 is associated with the year 1 monitoring report previously submitted at the end of 2022) and the updated AsBuilt Report, which includes corrected AsBuilt surveys provided by our surveyor. On January 30 2023, we received the following comments concerning an initial review of the AsBuilt report previously submitted via Laserfiche. We have since updated the survey and are providing the following response to comments in bold: 1. The report is lacking in the following: a. Signed & Sealed survey - the survey provided is inadequate. The survey should not include the Project Credit Table in place of accurate measurements taken by the surveyor. The measurements taken by the surveyor are used to compare with the Credit Table in the Report, which are two separate documents DWR uses to compare for accuracy and consistency. As described the approved UMBI for this site, the Survey for this site needs to include a legend that depicts the measured ft2 (and acres) of each mitigation type and its corresponding widths. For this specific site, since it is only a Nutrient Offset site, there is no need to separate out Ephemerals, Streams and Ditches or separate out the specific widths (100, 200) where the 1:1 ratio is applied. However, the surveyor needs to show the measured ft2 and acreage of the following, as it is currently shown in the corresponding Project Credit Table: Restoration areas, Diffused flow deduction areas, No Credit Areas (includes the areas denoted as "Preservation" and where it is less than 50' width.). Modify the survey to remove the Project Credit Table and have the surveyor replace the Credit Table with their own legend depicting the measurements of the areas as described above. Updated as requested. b. The Credit Release for Task 2 stated that IRS was required to install the missing easement placards along the entire easement boundary and provide photo documentation of that being completed (site wide) in the As -Built Report. Section 3.2 indicates this was done, but no photo documentation was referenced to be included in the report. IRS needs to show proof that the entire boundary was marked appropriately (one photo will not suffice). Keep in mind, that the easement boundary is supposed to be marked at the Task 2 As -Built walk. All survey corners have tposts and conservation easement signs. The CE has not yet been transferred to NCWHF. Several photos of the CE signs taken March 2023 are attached to this letter and more are available upon request. ,i DAVEA company c. The baseline monitoring data shows performance standards that appear to be based on 320 stems/acre rather than 260 stems/acre. Just bringing this to your attention Thanks will update in future reports d. Section 5.3 does not indicate that IRS has established a conservation easement. Usually at this stage, the AsBuilt report identified that the conservation easement was secured. It also identifies any thing else that is relevant to the easement, such as any assignment to a long term steward. Explain. Section 3.0 Table B - Summary Protection Activities details the conservation easement was recorded with dates and deed reference, Section 3.2 indicates the conservation easement was recorded. The recorded conservation easement is also attached at the end of the submittal. We plan to transfer to NCWHF before date required in UMBI and most likely this year if we can get through AsBuilt and Y1 monitoring credit release. e. Section 5.4 does not indicate specific bonding at this stage. Usually, at this state, a bond is being secured or has been secured for monitoring. Explain. See email from September 27 2022. The monitoring bond was secured. f. The planting plan identifies two shrubs. Are these species "shrubs" or mid -story trees? The BPDP only approved Trees for planting and trees to be used towards the performance criteria. Explain Redbud is typically considered a midstorytree though it is listed as both a shrub and tree on the NC Extension plant identification website. The Southern arrowwood Viburnum Dentaturn is a shrub. Section VI I of the UMBI for the Bank Parcel lists the performance standards for vegetation to include native shrubs and the species is listed as an approved substitution in the BPDP Table 7. The BPDP did not anticipate the planting of Southern arrowwood and therefore did not use the word "shrub", however they were available at the time of planting, and increase the species diversity of the planting plan so we included them. They are 2.1% of the planted stems. Additionally, we have discussed in the most recent round of BPDP's including the word `shrub" in the BPDP and limiting species substitutions to a short list of species at minimal densities. g. Please make sure that IRS updates their templates for their figures changing the "Prepared For" from 401 & Isolated Wetland Program..." to "401 & Buffer Permitting Branch". No action is required for this report, but please make sure to do this on all future documentation submitted to this Branch. Understood thanks. Thank you for your attention and we hope to get these projects reporting and review back on schedule soon. Let me know if you have any questions. Thanks, BARRETT JENKINS Restoration Systems, LLC a DAVEYI. company Conservation Easement Signage Photos taken March 2023: Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina Ph: (919) 755-9490 Fx: (919) 755-9492 5/4/2023 CREDIT RELEASE REQUEST FORM To: NCDEQ-DWR Nutrient Offset & Buffer Banking Coordinator From: Barrett Jenkins, bienkins&restorationsystems.com, 512.230.0424 Through: RESTORATION SYSTEMS, LLC We formally request a credit release for the Dead Tree B Nutrient Offset Site (2020-1937v3) for completion of Task 3 and 4 per the approved credit release schedule, which is included in the Attachments with this request. The following documents have been previously submitted to DWR for Tasks 1, 2, 3, and 4: conservation easement, survey, monitoring financial assurances, year 1 monitoring report and final Asbuilt report (attached). Task 1 (20%) and Task 2 (20%) credits were previously released based on BPDP credit estimates. The Asbuilt survey revealed a lower credit yield based on final survey precision. Therefore it is estimated a surplus of 179.04 NOC and 11.53 POC were previously released. This request deducts those amounts from the requested release for Task 3 below. A summary of the Asbuilt credit release is attached. Credit Type % Release Credit Notes/Comments Amount include Units Buffer Restoration Buffer Preservation Buffer Enhancement Generated Nitrogen Nutrient AsBuilt Task 3 27,927.28 lbs 28,106.33- Offset -10% 179.04=27,927.28 (adjusted) Correction to Task 1&2 rel Yrl Monitoring 28,106.33 lbs Task 4 -10% Full Asbuilt 10% Delivered Nitrogen Nutrient Offset Jordan sites only) Generated Phosphorus Nutrient AsBuilt Task 3 1,798.73 lbs 1,810.26-11.53=1,798.73 Offset -10% Correction to Task 1&2 rel (adjusted) Yrl Monitoring 1,810.26 lbs Full Asbuilt 10% Task 4 -10% Delivered Phosphorus Nutrient Offset Jordan sites only) Signature: Attachments: 1) Approved Credit Release Schedule 2) Summary of Asbuilt Credit Release 3) Asbuilt VIII. CREDIT RELEASE SCHEDULE A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that Nutrient Offset Credits associated with the Dead Tree Phase A and Dead Tree Phase B Bank Parcels will become available to sell to a third party in accordance with the Credit Release Schedule in Table 3.0. Table 3.0 - Credit Release Schedule for Nutrient Offset Credits % Credit Task Project Milestone Available for Sale 1 Instrument and BPDP Approved by DWR, Conservation Easement 20 Recorded*, Financial Assurance Posted All Riparian Earthwork, Planting and Installation of Monitoring Devices 2 Completed, Easement Boundaries adequately marked, and all applicable 20 permits obtained. A site visit by DWR is required for this task. 3 Monitoring Financial Assurance Posted and Approval of As -Built Report 10 4 Monitoring Report #l: Approved by the DWR** & financial assurance 10 renewed 5 Monitoring Report #2: Approved by the DWR** & financial assurance 10 renewed 6 Monitoring Report #3: Approved by the DWR** & financial assurance 10 renewed 7 Item B ( 1) of Section X in this Instrument has been completed and 5 approved by DWR. No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship 8 Monitoring Report #4: Approved by the DWR** & financial assurance 5 renewed 9 Monitoring Report 45: Approved by the DWR** and final site visit by 10 DWR has been conducted Total 100% * For specification, please see Section V in this Instrument ** DWR Approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP B. DWR may modify the credit release schedule based on the information submitted or the order in which required information is received. DWR will notify the Sponsor of any modification to the credit release schedule. C. Any major deviations to the Bank Parcel that were not authorized in writing by DWR prior to implementation may affect the amount of nutrient offset credits that will be generated by the Bank Parcel. Dead Tree Phase B DWR # 2020-19370 TP 03020102 Asbuilt Credit Yield 281,063 I 18,103 Task Detail Percent NOC POC Requested Received 1 MBI CE Fin Assurance 20% 56,212.66 3,620.53 6/23/2022 2Install 20% 56,212.66 3,620.53 6/23/2022 3 AsBuilt Fin Asurance 10% 28,106.33 1,810.26 5/4/2023 4 YR 1 Monitoring (2022) 10% 28,106.33 1,810.26 5/4/2023 5 YR 2 Monitoring (2023) 10% 28,106.33 1,810.26 6 YR3 Monitoring (2024) 10% 28,106.33 1,810.26 7 CE assignment 5% 14,053.16 905.13 8 YR4 Monitoring (2025) 5% 14,053.16 905.13 9 YR5 Monitoring (2026) 10% 28,106.33 1,810.26 Totals 100% 281,063.29 18,102.65 asbuilt adjustment NOC POC 112,604.36 7,252.59 BPDP/Task 1 & 2 CR 112,425.32 7,241.06 Asbuilt/Task 1&2 CR (179.04) (11.53) Diff 27,927.28 1,798.73 Task 3 adjusted CR As -built & Baseline Monitoring Report DEAD TREE PHASE B NUTRIENT OFFSET BANK PARCEL DWR Project # 2020-1937 V3 �F Tar -Pamlico River Basin In Agreement with: The Dead Tree Mitigation Banking Instrument for Nutrient Offset Mitigation Credits Pursuant to the Tar -Pamlico Nutrient Management Strategy August 2022 Prepared By: Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, NC 27604 Phone: 919-755-9490 Fax: 919-755-9492 Dead Tree Phase B Nutrient Offset and Bank Parcel DWR Project # 2020-1937 V3 As -built & Baseline Monitoring Report Table of Contents 1.0 Introduction.....................................................................................................................................1 2.0 Parcel Location.................................................................................................................................1 2.1 Parcel Background.....................................................................................................................2 2.2 Parcel Objectives.......................................................................................................................2 3.0 Restoration Activities.......................................................................................................................2 3.1 Riparian Area Restoration Activities.........................................................................................3 3.2 Parcel Protection.......................................................................................................................4 4.0 Mitigation Potential.........................................................................................................................5 5.0 Monitoring Protocol & Success Criteria...........................................................................................5 5.1 Monitoring Protocol..................................................................................................................5 6.0 Financial Assurance..........................................................................................................................6 7.0 References....................................................................................................................................... 6 Appendix A: General Figures and Tables Figure 1 - Parcel Location / Service Area Figures 2, 2A-C — Current Conditions Plan View & Credit Map As -built Survey —Sheets 1-6 Table 1 - Project Credits Table 2 - Project Activity and Reporting History Table 3 - Project Contact Table 4 - Project Baseline Information and Attributes Appendix B: Baseline Vegetation Data, CVS Output Tables Table 5 - Baseline Vegetation Vegetation Plot Photos 1 - 105 Appendix C: NC DWR Stream Determination and Buffer Viability Appendix D: Conservation Easement Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel pg. i As -built & Baseline Monitoring Report —September 2022 1.0 Introduction Restoration Systems (Sponsor) is pleased to provide the North Carolina Division of Water Resources (NC DWR) this As -built & Baseline Monitoring Report for the Dead Tree Phase B Bank Parcel (Parcel). As agreed upon in the Dead Tree Nutrient Offset Umbrella Banking Instrument (UBI) and Dead Tree Phase B Bank Parcel Development Package (BPDP), made and entered into on October 19, 2021 by Restoration Systems, LLC, acting as Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR). This document details the riparian area restoration activities, monitoring efforts, and the final mitigation potential of the Parcel. Measuring 150.94 acres, the Parcel is designed to provide mitigation credits for unavoidable impacts due to development within the Tar -Pamlico River Basin. NCDWR representatives conducted an onsite determination for parcel applicability and suitability of Site Features on December 30, 2020 and January 5, 2021. A Site Viability letter for Buffer & Nutrient Offset was provided by the Division on April 6, 2021 and May 14, 2021. Restoration Systems (RS) was granted Conservation Easements by Eureka Etheridge Farms, LLC and Nancy Harris Craven etal. The conservation easements were recorded at the Edgecombe County Register of Deeds on Deed Book 1754 and Deed Pages 992-1008 and Deed Book 1754 and Deed Page 1024-1049 on April 5, 2022 (Appendix D). IRS began preparation for restoration of the riparian buffer and planted the Parcel during February and early March of 2022. Riparian buffer restoration activities included ripping/bedding of the parcel with a narrow set plow, bare -root planting, and broadcast application of a permanent seed mix. During May 5 — May 10, 2022, Axiom Environmental installed one hundred and five (105) Carolina Vegetation Survey (CVS) monitoring plots and collected as -built data (Appendix B). 2.0 Parcel Location The Parcel is located between Whitakers and Leggett, approximately 5.5 miles east of the town of Whitakers in Edgecombe County, NC. The Parcel is within the Tar -Pamlico River Basin 14-digit USGS Cataloging Units 03020102040010 and 03020102060010 of the Middle Atlantic Coastal Plain (North Carolina Division of Water Quality [NCDWQ] Sub -basin Number 03-03-04) (Figure 1, Appendix A). Parcel Location: (36.092169°, - 77.616978°) Directions to Parcel from Raleigh- - Get on 1-440 E from Capital Blvd (2.4 mi) - Take exit 14 and continue on US-64 E (43.9 mi) - Take exit 464 and merge onto 1-95 N toward Richmond (6.4 mi) - Take exit 145 for NC-4/NC-48 toward US-301 and turn left onto NC-4 N/NC-48 N (1.0 mi) - Turn right onto Watson Seed Farm Rd (3.4 mi) - Turn right onto NC-33 E (3.0 mi) - Turn left onto S White St/White Oak Swamp Rd (0.1 mi) - Turn right onto W Pippen St and continue onto NC-33 E (5.4 mi) - Turn left onto Red Hill Church Rd and destination is on the left (0.3 mi) - Latitude, Longitude: 36.092169°, - 77.616978' Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel As -built & Baseline Monitoring Report — September 2022 2.1 Parcel Background The Parcel encompasses 150.94 acres of land over one tract of forested and open historical agricultural fields. Prior to Parcel development, land use is described as agricultural row crop production, including cotton, corn, and peanuts. Forested areas are located along the downstream portions of Parcel features and within the greater floodplain of Fishing Creek, outside of the Parcel's proposed limits. The farmer regularly applied fertilizers and herbicides to the fields. Features are devoid of woody vegetation outside of forested areas due to historic and agricultural practices. The Parcel encompasses portions of two contiguous tracts of land held by Eureka Etheridge Farms, LLC, and one tract of land held by the Harris family, which is immediately adjacent to land tracts containing the Dead Tree Phase A Bank Parcel. Site features originate on -site. Features north of Red Hill Church Road drain immediately to Fishing Creek, while the single feature south of Red Hill Church Road drains to Maple Swamp. There were no existing structures in the project area. 2.2 ParcelObiectives The primary goals associated with the restoration of riparian areas within the Bank Parcel focused on providing ecological and water quality enhancements to the Tar -Pamlico River Basin by restoring the riparian area to create a functional riparian corridor. Goals were accomplished as outlined in the following table. Goal Objective Nutrient input will be decreased by filtering runoff from the agricultural fields through restored native buffer zones. The off - Decrease nutrient levels site nutrient input will also be absorbed on -site by filtering flood flows through restored floodplain areas, where flood flows can disperse through native vegetation. Sediment from off -site sources will be captured by deposition Decrease sediment input on restored floodplain areas where native vegetation will slow overland flow velocities. Decrease water temperature and Planted riparian trees will shade the streams as they mature increase dissolved oxygen reducing thermal pollution. concentrations Create appropriate terrestrial Riparian areas adjacent to ditches and streams will be restored habitat by planting native vegetation. Permanently protect the project A conservation easement will be recorded on the Parcel. Parcel from harmful uses 3.0 Restoration Activities Riparian area restoration involved planting appropriate native tree species along the 200-foot-wide riparian corridor of streams and hydrologically connected ditches at a density of 680 stems per acre on 8ft x 8ft spacing. Vegetation management and herbicide applications may be needed over the first few years of tree establishment in the riparian restoration areas to prevent encroachment of undesirable species that may out -compete the planted native vegetation. Tree species planted across the riparian areas of the Parcel included those listed in Table 6. Stems were mixed prior to planting to ensure diversity of bare roots across the planted area. A seed mix including the species listed in Table 7 were applied to provide temporary and permanent ground cover for soil stabilization and reduction of sediment loss during rain events in areas without existing herbaceous cover. Planting took place on March 13, 2022. Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel As -built & Baseline Monitoring Report — September 2022 Table A - Restoration Plan Activities Restoration Plan Activity Phase Specific Actions Within the Site' s proposed conservation easements: - Treatment of Bermuda and fescue grass species within active pasture areas (see Herbaceous Treatment note above). - Site -wide discing of agricultural and pasture areas ahead of planting — discing Riparian occurred parallel to the Site Features, promoting floodwater attenuation by Restoration increasing frictional resistance of floodwaters crossing Parcel floodplains. - Establishment of a native herbaceous community via site -specific seed mix (see Planting List —Table D) - Establishment of a native hardwood forest via the planting of bare -root saplings from the top of bank out a maximum of 2QB' along Parcel Features —Planting List —Table C I dUM D —JU Parcel protection (150.94 acres) 3.1 Riparian Area Restoration Activities Restoration of the riparian area allows for recolonization and expansion of characteristic species across the landscape. The riparian areas were restored according to the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295. The planting plan for the riparian restoration area included planting 84,400 native bare -root hardwood saplings across 124.12 acres at a Parcel density of +/- 600 stems per acre and live stakes for stream bank stabilization where necessary. The planted species composition is intentionally diverse and while based on these communities, also accounted for local observations and nursery availability. All species were selected based on their ability for sediment stabilization, rapid growth rate, the ability to withstand hydraulic forces associated with flood events, suitability to specific soil types, and Parcel conditions. Tree species were mixed thoroughly before planting to provide a diverse and random plant across the Site. Planting density is set to ensure sufficient diversity and density of planted stems outlined in Rule 15A NCAC 02B.0295 of 260 trees per acre at the end of five years. No one tree species will be greater than 50% of the established stems. The bare root planting list is provided in Table C followed by the permanent seed mix in Table D. As -built baseline vegetation data is provided in Appendix B. Baseline data was collected in April and May 2022 by Axiom Environmental and derived an average planted stem density of 543 stems per acre. Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel 3 As -built & Baseline Monitoring Report — September 2022 Table C - Planting List Common Name Scientific Name Tree/Shrub* Number of Stems Species % of Total River birch Betula nigra Tree 7,450 8.9% Common hackberry Celtis occidentalis Tree 4,325 5.0% Eastern Redbud Cercis canadensis Shrub 4,325 5.0% Persimmon Diospyros virginiana Tree 7,200 8.6% Green ash Fraxinus pennsylvanica Tree 4,325 5.0% Yellow poplar Liriodendron tulipifera Tree 7,200 8.6% Southern crabapple Malus angustifolia Tree 1,000 1.2% Mulberry Morus rubra Tree 7,200 8.6% Black gum Nyssa sylvatica Tree 4,325 5.0% Sycamore Platanus occidentalis Tree 4,250 5.2% Oak (White) Quercus alba Tree 7,200 8.6% Oak (Swamp chestnut) Quercus michauxii Tree 7,200 8.6% Oak (Water) Quercus nigra Tree 7,200 8.6% Oak (Red) Quercus rubra Tree 2,150 2.5% American elm Ulmus americana Tree 7,200 8.6% Southern arrowwood Viburnum dentatum Shrub 1,850 2.1% Total 12 Species 84,400 100% Table D - Permanent Seed Common Name Amount(in Common Name Amount(in Common Yarrow 3.75 Perennial Gaillardia (Blanketflower) 6.25 Winter Bentgrass, 6.25 Narrowleaf Sunflower 5.00 Blue False Indigo 1.25 Oxeye Sunflower 6.25 Plains Coreopsis 6.25 Wild Bergamot 1.25 Lanceleaf Coreopsis 6.25 Deertongue, Tioga 6.25 Cosmos 6.25 Clasping Coneflower 1.25 Rocket Larkspur 3.75 Blackeyed Susan 6.25 Showy Ticktrefoil 6.25 Purpletop 31.25 Purple Coneflower 6.25 Blue Vervain 2.50 Virginia Wildrye,'Madison' 12.5 Total (pounds) 125.00 3.2 Parcel Protection Restoration Systems (RS) was granted Conservation Easements by Eureka Etheridge Farms, LLC and Nancy Harris Craven etal. The conservation easements were recorded at the Edgecombe County Register of Deeds on Deed Book 1754 and Deed Pages992-1008 and Deed Book 1754 and Deed Page 1024-1049 on the 30" and 29" of March respectively. (Appendix D). RS marked the easement at every corner with an iron, CE cap, corner t-post. Additionally, easement signs were placed every 200-feet along the Parcel boundaries. Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel As -built & Baseline Monitoring Report - September 2022 4.0 Mitigation Potential Of the approximately 150.94 acres protected under the conservation easement, 124.12 acres are anticipated to provide Nitrogen and Phosphorus Nutrient Offset Credits equivalent to 281,063.289 lbs. of nitrogen offset credit and 18,102.649 lbs. of phosphorous offset credit as detailed in the Credit Table found in Appendix A, Table 1. Riparian area restoration, measured from the top of bank on Parcel streams and ditches, will include at least 50' from the tops of banks and will extend outward a maximum of 200' from tops of banks and will generate Nutrient Offset Credits that are not transferable to Riparian Buffer Credit per the approved UBI. Nitrogen and Phosphorous offset credits will be generated from the project and shown on separate ledgers. 5.0 Monitoring Protocol & Success Criteria 5.1 Monitoring Protocol Restoration monitoring procedures for vegetation at each Phase will monitor plant survival and species diversity. Quantitative sampling will include one hundred and five (105) permanent 10 x 10-meter vegetation plots as outlined in the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008) and will occur no earlier than Fall of each year (Figures 2A-B, Appendix A). Vegetation plot placement will adequately represent riparian buffer credit and nutrient offset credit areas. A reference photo will be taken from the origin point of each plot. All planted stems in the plots will be marked with flagging tape and recorded. Data collected will include species, height, planting type (planted stem and/or volunteer). Total and planted stem density by plot and species will be reported during monitoring years 0-5 (Table 5, Appendix B). Individual and average stem height data will be reported during monitoring years 3-5. Monitoring of the restoration efforts will be performed for five years or until success criteria are fulfilled. Restoration Systems shall submit to NCDWR annual monitoring reports no later than December 31st of each year. Each report will document the success of the vegetation and any maintenance, supplemental planting, or encroachment within the easement areas. Success criteria within the buffer will be based on the survival of planted species at a density of 260 stems per acre after five years of monitoring. The first annual monitoring activities will commence at the end of the first growing season, at least six months after planting has been completed. 5.2 Parcel Maintenance If the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section 5.1, adaptive measures will be developed and/ or appropriate remedial actions will be implemented. Site maintenance will be performed to correct any identified problems on the Parcel that have a high likelihood of affecting the project success. Such items include, but are not limited to, fire, flooding, drought, or insects that cause excess tree mortality. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. Any parcel maintenance performed will be included in the monitoring report for that year. A rigorous herbicide schedule may need to be implemented in the first few years of tree establishment in the restoration areas to prevent the establishment of invasive species that may out -compete the planted native vegetation. The only herbicides used on the Parcel will be aquatic approved herbicides that will be applied in accordance with North Carolina Department of Agriculture rules and regulations. The easement boundary will be checked annually as part of monitoring activities. Easement boundary conditions and any maintenance performed will be reported in the annual monitoring reports to DWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval from DWR prior to conducting any mowing within Tar -Pamlico Buffer Zones 1 and 2 to ensure that no buffer violations have occurred. Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel As -built & Baseline Monitoring Report — September 2022 5.3 LonR Term Management Plan The conservation easement will preserve all areas and prohibit all use of the property inconsistent with its use as a nutrient offset and riparian buffer mitigation property, including any activity that would materially alter the biological integrity of the Site/ Parcel. IRS will transfer or assign the conservation easement and its interests in perpetuity to a qualified holder under NC General Statute ("GS") 121- 34 et seq. and 170(h) of the Internal Revenue Code prior to the submittal of the Yr4 Monitoring Report. The holder shall be a land trust or stewardship program that is accredited by the Land Trust Accreditation Commission and/ or has been approved by DWR. A land trust must be certified under 501(c)(3) of the Internal Revenue Code. 6.0 Financial Assurance IRS secured all financial assurances according to the approved UBI. No bond shall be less than $150,000 to cover costs of construction and no less than $100,000 initially, to cover monitoring expenses. Performance bonds for monitoring shall be renewed at least annually to cover the next years monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 7.0 References Consolidated Buffer Mitigation Rule - 15A NCAC 02B .0295 (Published November 17, 2014) Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording VegetatiO Sion 4.2. North Carolina Department of Environment and Natural Resources, Ecosystem Enhancement Program. Raleigh, North Carolina. Schafale, M. P. and Weakley, 2012. A Classification of the Natural Communities of North Carolina, Fourth Approximation. US Department of Agriculture (USDA), 2019. Web Soil Survey (online). Available: https:// websoilsurvey. sc. egov. usda. gov/ App/ HomePage. htm [ Accessed July 19, 2020]. US Fish and Wildlife Service, 2020. Endangered Species, Threatened Species, and Candidate Species, Wake County, North Carolina (online). Available: https:// www. fws. gov/ raleigh/ species/ cntylist/ wake. html (Accessed July 19, 2020). Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel As -built & Baseline Monitoring Report — September 2022 Appendix A: General Figures and Tables Figure 1 - Parcel Location / Service Area Figures 2, 2A-C — Current Conditions Plan View & Credit Map As -built Survey — Sheets 1-6 Table 1 - Project Credits Table 2 - Project Activity and Reporting History Table 3 - Project Contact Table 4 - Project Baseline Information and Attributes Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel Appendix A: General Figures and Tables As -built & Baseline Monitoring Report — September 2022 I„ Ille rn4�' John H Ke, VIRGIN]= R` JORTH CARD. "0 SapptSnq van :.e Sdtse _'apo Burlington Aan] an, + ;Odn�• Rapids Fran. I II --216 r, I Mount Nash j'y R al ei ryh �:- ' �$aa '.ln5t011 sdt umt. �:��ttr: r • Dead Tree Phase B Nutrient Offset Mitigation Bank Parcel USGS 14-Digit Hydrologic Unit 03020102-040010 and 03020102-060010 36.093625°,-77.609707° I Bill r i it ,I) 5nsi�,v: l`I Mani Lumberton Corps kJ Carr l Legend ONC County Boundaries Tar Pamlico River Basin O NC River Subbasins: USGS 8-Digit HUCs O Bank Parcel Service Area - Nutrient Offset: Tar -Pamlico River, Sub -Basin USGS Hydrologic Unit 03020102 Nerlic Ir 3sn,ngton Pr Focosrn Lakes Nat on.=! Prepared for: NC DEQ Division of Water Resources 401 & Buffer Permitting Branch Project: au atar R,o3r National DEAD TREE PHASE B NUTRIENT OFFSET BANK PARCEL ASBUILT Mattam us keet hlatipnatwildGfie Edgecombe County Refuge Title: Hyde Pamlico PARCEL LOCATION Sound AND SERVICE AREA l a•I, Drawn by: RJH N► : Date: ct,erry August 2022 Frrn t Scale: 1:1,000,000 Project No.: 2020-1937 V3 FIGURE Service Layer Credits: Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, © fN 0 15 30 60 + Miles 800 400 0 800 1,600 2,400 J Feet Feature 3B - Ditch (Not Viable) Feature 4 - Intermittent/Perennial Feature 4D - Ditch w, Figure 26 (Insert) �� Feature 7B - Ditch Feature 7 - Intermittent/Perennial + Bert) - Feature 3 - Intermittent/Perennial Feature 3C Ditch t (Not Viable) o J' - Feature 3A- Ditch f � �\ b ,f Feature 8B - Ditch, Feature 8 - Intermittent/Perennial - ! i'� ! � � _ _ ° �y'�. Feature 8A- Ditch_°- V� Y 0 Feature 9B -Ditch Re'd"Hill`Church'Rd. Feature 9 - Intermittent/Perennial Y rsi Feature 9A- Ditch t , Utility Line 30-Foot ° Feature 10 - Intermittent/Perennial Right -Of -Way (ROW) Propsoed Easement is '!l° 5-Feet Byond ROW Feature 10A- Ditch Feature 11 - Intermittent/Perennial Iti ql i -r I ik Prepared for: NC DEQ Division of Water Resources 401 & Buffer Permitting Branch Project: } x, -,,44 DEAD TREE PHASE B NUTRIENT OFFSET BANK PARCEL ASBUILT ' Edgecombe County j Title. 4' yl Feature 5 - Intermittent/Perennial CCPV MYO (2022) Feature 6 - Intermittent/Perennial 1• AND CREDIT MAP Feature 5D - Ditch Feature 6D - Ditch t "^ - - Imagery: 2021 NC One Map . yi ...L.. -- .. Drawn by: Legend O Dead Tree Phase B (TP 02) -Conservation Easement: 150.94 Acres RJH ,, Date: August2022 Dead Tree Phase A (TP 01) - Conservation Easement: 65.15 Acres f O Dead Tree - Subject Fee -Simple Parcels Scale: 1:10,000 O Dead Tree Phase B (TP 02) - Installed CVS Plots (105 Total) ODead Tree - Surveyed Top of Bank Project No.: TOB Offsets - Surveyed Top of Bank Offsets 2020-1937 V3 - - - - TOB to 50 Feet - - - TOB to 100 Feet TOB to200Feet FIGURE Dead Tree - Phase B (TP 02) - NOC Areas . O No Credit (DWR Memo #2008-019, Diffuse Flow) 2 �{ r, No Credit - Less Than 50-Feet N A Restoration JOB - 200-ft) - NOC Preservation JOB - 200-ft) - No Credit 360 180 0 360 Rom` Feature 9B - Ditch 720 1,080 29 48 Feet zo -\ Easement Area #9 / 12.98 Ac. 1'6 2 OJ 17 025 ----0_20' _15❑ -_ ---_--_-'� .18 14 24 23 21 19 a Feature 9A- Ditch ;• `I Feature 10A- Ditch i Utility Line 30-Foot 9 12" Right -Of -Way (ROW) - Propsoed Easement is 5-Feet Byond ROW 4 ................ %%%%%%%%%%%%%%%% - 10 .3 No Diffuse Flow Credit Deduction Required; `+_� ,+ Area Planted Throuqh Swales Above ` Easement Area #12 10.59 Ac. •: �,. � .�� ,,,;� -�� .;.� NOTE ABOUT WIDTHS &CREDITING: Nutrient Offset Credit (NOC) Nutrient Offset Credit is contiguous from TOB, is a minimum of 50 ft. from the TOB and a maximum of 200 ft. from the TOB. 4�1 ice` , a s R•�ls - �.--�a. +f! • .. �. Diffuse Flow Credit Deduction Required; " x, DEAD TREE Area & No Credit Given PHASE B NUTRIENT OFFSET BANK PARCEL ASBUILT No Credit - Less than 50-feet Edgecombe County Title: Feature 10 - Intermittent/Perennial CCPV MYO (2022) AND " CREDIT MAP Easement Area #11 4.80 Ac. Legend Imagery: 2021 NC One Map '�a O Dead Tree Phase B JP 02) - Conservation Easement: 150.94 Acres Drawn by: RJH x" l' Dead Tree Phase A JP 01) - Conservation Easement: 65.15 Acres Date: August 2022 6 Q Dead Tree -Subject Fee -Simple Parcels Feature 11 -Intermittent/Perennial - O Dead Tree Phase B JP 02) - Installed CVS Plots (105 Total) Utility Line Scale: 1:4,500 Q O Dead Tree - Surveyed Top of Bank 4 TOB Offsets - Surveyed Top of Bank Offsets Project No.: 2020-1937 V3 0 3 , - - - TOB to 50 Feet - - - TOB to 100 Feet TOB to200Feet FIGURE 1 � r , + 2 +. ,y ", Dead Tree - Phase B (TP 02) - NOC Areas + = No Credit (DWR Memo #2008-019, Diffuse Flow) ZA a No Credit - Less Than 50-Feet s Restoration (TOB - 200-ft) - NOC _ Preservation JOB - 200-ft) - No Credit 400 200 0 400 1,200 - r 89 a\ ' 95� Feet `, 99 �1 90 91 88 - - Easement Area #7 92 94 58,6 ' 86• 87 24.38 Ac. , `RESTORATIONDiffuse Flow Credit Deduction Required; 60 Area to -be Planted & No Credit Given / ' - Feature 4 - Intermittent/Perennial �57. , , i 85 Prepared for: Feature 7B - Ditch 61� a NC DEQ Division of Water Diffuse Flow Credit 56 , / Deduction Required; �' / i itch Feature 4D - DResources Area to -be Planted & " ' Easement Area #4, 34.77 Ac. No Credit Given 401 & Buffer 62 Feature 5 - Intermittent/Perennial Permitting f , Fom aintenance Area, Q, ' Branch 17 Ac. 55 Feature 5D -Ditch M 44 54Q . - _ Easement Area #5 84� 10.80 Ac. ,',i Project: 82 83 _ '+74 1 43 / Feature 8B - Ditch. ❑ _ _ 0 _ - 0+� 0 O, i 63 . - 79_ DEAD TREE ' 42` \ - - - J - - - - - - - 73 PHASE B ` `, 6 Feature 7 - Intermittent/Perennial 5\ , 164 �81 - �_ h NUTRIENT OFFSET ❑ 80 78 ` , BANK PARCEL _ Easement Area #3 41❑ • 65 75 "f r' 0 18.76 Ac. .� r' 72 ASBUILT �i YJ 40 47 _'76 ❑ _ J Feature 8A- Ditch `O 51 I ," .� 4 , :r� ` Edgecombe County 77, 66 Feature 6D - Ditch Title: -38 50 �7 , 67 - 34 ` 320 CCPV MYO (2022) - 37 ' 33 ` 1, i , , /6910 AND J Feature 6 - Intermittent/Perennial ,, I ' CREDIT MAP O31 -30 _ _ - - Q- fl 68 36 ` - — - 49 Easement Area #4, 34.77 Ac. ' Easement Area #6 O --28---- 19.11Ac. r 29 48/= Feature 8 Imagery: 2021 NC One Map Intermittent/Perennial 9 Drawn by: NOTE ABOUT WIDTHS&CREDITING: RJH �• Nutrient Offset Credit (NOC) Date: Nutrient Offset Credit is contiguous from TOB, is a minimum of AUgUSt 2022 Feature 9 50 ft. from the TOB and a maximum of 200 ft. from the TOB. Easement Area #9 Intermittent/Perennial •'r R rt. Scale: 12.98 Ac. ° Legend Easement Area #10 Project No.: 4.15 Ac. O Dead Tree Phase B (TP 02) - Conservation Easement: 150.94 Acres TOB Offsets - Surveyed Top of Bank Offsets 2020-1937 V3 �- 22 Dead Tree Phase A (TP 01) - Conservation Easement: 65.15 Acres - - - TOB to 50 Feet I' Feature 9B -Ditch 22- - - , �- -, _ 17 - - 20 ' ' - /� O Dead Tree - Subject Fee -Simple Parcels - - TOB to 100 Feet '�25 - 15 "14� Utility Line - - TOB to 200 Feet FIGURE Diffuse Flow Credit Dead Tree Phase B (TP 02) - Installed CVS Plots (105 Total) Dead Tree - Phase B (TP 02) - NOC Areas Deduction Required; / ❑ q O Dead Tree - Surveyed Top of Bank No Credit (DWR Memo #2008-019, Diffuse Flow) 24- - 23 21 19 - - Area to -be Planted & 13 ' - }. No Credit Given No Credit -Less Than 50-Feet N 2 B Restoration JOB - 200-ft) - NOC Feature 9A-Ditch Preservation JOB - 200-ft) - No Credit 360 180 0 360 720 1,080 Legend Feet ODead Tree Phase B JP 02) - Conservation Easement: 150.94 Acres NOTE ABOUT WIDTHS & CREDITING: Dead Tree Phase A JP 01) - Conservation Easement: 65.15 Acres Nutrient Offset Credit (NOC) O Dead Tree - Subject Fee -Simple Parcels ," Nutrient Offset Credit is contiguous from TOB, is a minimum of 4r Dead Tree Phase B JP 02) - Installed CVS Plots (105 Total) 50 ft. from the TOB and a maximum of 200 ft. from the TOB. Q Dead Tree - Surveyed Top of Bank TOB Offsets - Surveyed Top of Bank Offsets Easement Area #8, Feature 3C Ditch - - - TOB to 50 Feet Prepared for: 10.60 Ac. 105 ' (Not Viable) - - - TOB to 100 Feet )104 ' (Feature's TOB Area Removed NC DEQ Division From Pres. Area) `� _ _ _ i' of Water - TOB to 200 Feetf Resources > Dead Tree - Phase B JP 02) - NOC Areas 0, No Credit (DWR Memo #2008-019, Diffuse Flow) 401 & Buffer Feature 3B -Ditch ; I I �r.._' o (Not Viable) No Credit - Less Than 50-Feet Permitting _ , � ' ��n, � � � _- (Feature's TOB Area Removed - Restoration (TOB - 200-ft) - NOC Branch From Pres. Area) Feature 3 - Intermittent/Perennial ❑ Preservation JOB - 200-ft) - No Credit 103 Project: 102 Easement Area #7 . _ - P� Feature 3A - Ditch 24.38 Ac. I , ` f `� DEAD TREE a �10100 -� ❑ ,�. \96 - r r /�.\ ❑ ' _ Feature 4 - Intermittent/Perennial , v /99 / / 90 9* Feature 7B - Ditch Feature 4D - Ditch - / ❑� 891 `. A.t;�i r= _59C�- ' - /88 g 2 94 0 58 86 - 87 60 Diffuse Flow Credit ` Deduction Required; ' ,�'. - 93O Area to -be Planted & 57 No Credit Given 85 k? v61 iL Easement Area #4 ` 34.77 Ac. 1 162 9,55 i Easement Area #5 Feature 5 - Intermittent/Perennial Feature 6 - Intermittent/Perennial a 54 10.80 Ac. 77 O / v 84 0 JID 82 - 83 _ - _ - - - 74 y ❑ ❑ O a 53-- 63 i _ - - i• ' Yt , 64. J 79 1 - ❑ �:; Easement Area #6 52 78 J 19.11 Ac ty�, 65 80 - k. 75 Feature 5D - Ditch _ 72 51 1 1 76 - - - - ❑ 4: - PHASE B NUTRIENT OFFSET BANK PARCEL N• �t+ ASBUILT Edgecombe County Title: CCPV MYO (2022) AND CREDIT MAP Imagery: 2021 NC One Map teeK Drawn by: `°.'. RJH l�t�* Date: August 2022 r •' , 4 r4 ?, Scale: fw, 1T1 1:4,500 + Project No.: 2020-1937 V3 R FIGURE 2C VICINITY MAP \ T a Gethsemane 11 Draughn RedIIH i l l ft 1" = 3,000' US Feet 0 1,500 3,000 6,000 �N 0 N M 90 0 Q z 0 Ce U U z TOTAL NUTRIENT OFFSET MITIGATION MITIGATION TOTALS SQ. FT ACRES RESTORATION 5,386,281.15 123.72 (TOP OF BANK - 200 FT) RESTORATION, NO CREDIT - (LESS THAN 50 FT FROM 7,583.11 0.01 TOB) DIFFUSE FLOW CREDIT 13,050.16 0.30 (NO CREDIT GIVEN) PRESERVATION 797,781.91 17.98 (NO CREDIT) - PRESERVATION (LESS 7,774.07 0.34 THAN 50FT FROM TOB) - STREAM NON -CREDITED 258,885.23 5.94 AREA (TOB - TOB) NON -CREDITED AREA 115,534.66 2.65 (OVER 20OFT FROM TOB) TOTAL CONSERVATION 6,575,508.41 150.94 AREA SURVEYORS CERTIFICATION(S) Surveyors disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground or above ground utilities or any other features above, or below ground other than those shown. I certify that the survey is of another category (credit determination plan), \\\\\ �CAROii/ such as the recombination of existing parcels, a court -ordered survey, or /ice other exception to the definition of subdivision. Q� 'F E S S/.^^<,��j I certify that this plat does not meet G.S. 47-30 as amended. = SEAL =_ I, John A. Rudolph, certify that this project was completed under my direct and responsible — L-4 94 charge from an actual survey made under my supervision; that this survey was performed = IQ7 .r = to meet the requirements for an LIS/GIS survey to the accuracy of Class C and no vertical 0 ;55' accuracy; method of measurement GNSS; date(s) of survey July of 2022; datum used for NAD83 based NAD83 �� •� S(JRV� ' O" �� • • • survey (2011); and all coordinates are on (2011). • • • • Q �` SNL EY '9 Professional Land Surveyor L-4194 License Number SHEET 3 O O SHEET 5 j° SHEET 6 SHEET INDEX: ° 0 o J� o ° ° 0 0 0 ° ° O ° 0 ° O�O O O u SHEET 2 SHEET 4 N� C) 0 N M W a z 0 U 1" = 3,000' Z Feet 0 1,500 3,000 O Ln Q N O 00 2 V N CD O �Vr\ c c ozo,•6i� '^ oM ( c 00 N N U Ui (L6 Y) Y J tD N E n J Ln N LL CL Z3 0 / ie C0 N N' i Z U w 0 J w C) J N LU N V L u' w z p LU ��_ =w mo LU o Ce U) d V wZ g = O 0_ z LUcoz O V7 J Q U 0 (D 0� O Z Z �� QwU aO = a' wz .~. _ w H 0 w � Z O O LL LUo o o� w oZ U N N O y a` DRAWN BY: JTR DATE: 03/22/23 SURVEYED BY: JAR DWG. NO. RSS526AB22 SHEET: 1 OF 6 BARNES / DA 1677, PG. 546 / PIN: 4805-77-7202 / FEATURE 3-INTERMITTENT/PERENNIAL / om / CONSERVATION 4 o g J� EASEMENT AREA 8 4 ` 10.60 ACRES FEATURE 3B - DITCH / o� FEATURE 3A - DITCH ti EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 1 P.C. 1, SL. 30-B, TRACT 4 PIN:4815-07-9630 ` ." EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 2 P.C. 1, SL. 30-B, TRACT 5 PIN:4815-37-7393 Ossio SEAL L-4194 ' O ••9+, y�• QZ UR R�0 M -\og Flo 2p0� '\o2' o6 vdzo ACCESS EASEMENT 7 20FT WIDE, 0.03 ACRES / / EUREKA-ETHERIDGE r - - - FARMS, LLC 1 ACCESS EASEMENT 11 D.B. 092, PG. 804, TRWr 2 15FT WIDE P.Q. 1, SL. 30-B, TRACT 5 1 PIN:4815-37-7393 I ® 11 FEATURE 4D I DITCH 1 I EUREKA-ETHERIDGE I FARMS, LLC i D.B. 1592, PG. 804, TRACT 3 1° = 300' P.C. 1, SL. 30-B, TRACT 6 Feet PIN:4835-37-7393 0 300 600 1,200 AS BUILT LEGEND: TOB: TOP OF BANK R/W: RIGHT-OF-WAY INSTALLED CVS PLOTS (105 TOTAL) RESTORATION JOB - 200FT) - NO CREDIT - PRESERVATION (LESS THAN 50FT FROM TOB) - NO CREDIT (LESS THAN 50FT FROM TOB) DIFFUSE FLOW CREDIT (NO CREDIT GIVEN) PRESERVATION JOB - 200FT) - NO CREDIT NO CREDIT AREA (OVEER 20OFT FROM TOB) ACCESS EASEMENT - SURVEYED TOP OF BANK - - - 30ft UTILITY EASEMENT ROAD CONSERVATION EASEMENT DISTANCES FROM TOB (50ft, 100ft, 200ft) - - - ADJOINERS CONSERVATION EASEMENT AREA 7 24.38 ACRES +/- FEATURE 4-INTERMITTENT/PERENNIAL EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 2 P.C. 1, SL. 30-B, TRACT 5 PIN:4815-37-7393 SHEET 2 OF 6 / BARNE.S / D.B.1677, PS. 546 PIN: 4905-77-7202 / / N CARO SEAL L-4194 y0 Q� %,�� •� SUP, 0er\: SHL EY AS BUILT LEGEND: TOB: TOP OF BANK R/W: RIGHT-OF-WAY INSTALLED CVS PLOTS (105 TOTAL) RESTORATION JOB - 200FT) - NO CREDIT - PRESERVATION (LESS THAN 50FT FROM TOB) - NO CREDIT (LESS THAN 50FT FROM TOB) DIFFUSE FLOW CREDIT (NO CREDIT GIVEN) PRESERVATION JOB - 200FT) - NO CREDIT NO CREDIT AREA (OVEER 20OFT FROM TOB) ACCESS EASEMENT - SURVEYED TOP OF BANK — — — 30ft UTILITY EASEMENT ROAD CONSERVATION EASEMENT DISTANCES FROM TOB (50ft, 100ft, 200ft) — — — ADJOINERS DIFFUSE FLOW CREDIT DEDUCTION REQUIRED AREA PLANTED & NO CREDIT GIVEN CRAVEN, KIMBALL, AND HARRIS D.B. 1199, PG. 287 P.C. 1, SL. 30-B, TRACT 3 / / 1" = 200' / 0 200 / / / DIFFUSE FLOW CREDIT / DEDUCTION REQUIRED / AREA PLANTED & NO / CREDIT GIVEN / CONSERVATION / EASEMENT AREA 4 - / 34.77 ACRES / / FEATURE 7B - DITCH ACCESS EASEMENT 12 15FT WIDE o� moo MAINTENANCE AREA 60FT WIDE, 0.17 ACRES +/- moo°m oc, �oo ACCESS EASEMENT 11 15FT WIDE do °m CONSERVATION O EASEMENT AREA 4 34.77 ACRES FEATURE 8B - DITCH oo� N 45 46 FEATURE 7 CONSERVATION INTERMITTENT/PERENNIAL s2 EASEMENT AREA 3 a2 18.76 ACRES +/- EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 1 al P.C. 1, SL. 30-B, TRACT 4 PIN:4815-07-9630 ao ACCESS EASEMENT 4 20FT WIDE, 0.03 ACRES 39 47 400 SoF� F�oM� Moog Fro F�oM ■ Feet 800 , FEATURE 7B - DITCH EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 1 P.C. 1, SL. 30-B, TRACT 4 PIN:4815-07-9630 EUREKA-ETHERIDGE FARMS, LLC D.B. M36 PS. SO4, TR= 2 P.C. 1, SL 30-% TR= 3 PIN:4815-37-7393 ACCESS EASEMENT 11 15FT WIDE CONSERVATION EASEMENT AREA 5 10.80 ACRES +/- / FEATURE 5D - DITC / / / EUREKA-ETHERIDGE / FARMS, LLC / D.B. 1592, PG. 804, TRACT 2 / P.C. 1, SL. 30-B, TRACT 5 / PIN:4815-37-7393 ACCESS EASEMENT 6 20FT WIDE, 0.02 ACRES +/ ACCESS EASEMENT 12 15FT WIDE ACCESS EASEMENT 11 15FT WIDE FEATURE 5 INTERMITTENT/PERENNIAL 82 40000 000 81 80 ACCESS EASEMENT 8 2OFT WIDE, 0.01 ACRES +/- 10OFT FROM TOB 83 50FT FROM TOB 50FT FROM TOB 79 100FT FROM TOB 200FT FR, 0tA TOB EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 2 P.C. 1, SL. 30-B, TRACT 5 PIN:4815-37-7393 5 D - DITCH ACCESS EASEMENT 12 15FT WIDE F EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 2 00� P.C. 1, SL. 30-B, TRACT 5 ti PIN:4815-37-7393 69 00� ti ACCESS EASEMENT 8 20FT WIDE, 0.01 ACRES +/- F 1 I EUREKA-ETHERIDGE I FARMS, LLC 1 D.B. 1592, PG. 804, TRACT 2 P.C. 1, SL. 30-B, TRACT 5 1 PIN:4815-37-7393 I 1 I i CONSERVATION EASEMENT AREAS 10.80 ACRES +/- 75 I `FEATURE 6-INTERMITTENT/PERENNIAL FEATURE 6D - DITCH 1" = 200' 0 200 400 EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 3 P.C. 1, SL. 30-B, TRACT 6 1+1 ■ Feet 800 O .z N CARP o" SEAL L-4194 _ ' � •9'� z -l0••QZ� %,�� •� SUP, •' per\: O CONSERVATION EASEMENT AREA 6 19.11 ACRES +/- AS BUILT LEGEND: TOB: TOP OF BANK R/W: RIGHT-OF-WAY ❑ INSTALLED CVS PLOTS (105 TOTAL) RESTORATION JOB - 200FT) - NO CREDIT - PRESERVATION (LESS THAN 50FT FROM TOB) - NO CREDIT (LESS THAN 50FT FROM TOB) DIFFUSE FLOW CREDIT (NO CREDIT GIVEN) PRESERVATION JOB - 200FT) - NO CREDIT NO CREDIT AREA (OVEER 20OFT FROM TOB) ACCESS EASEMENT - SURVEYED TOP OF BANK - - - 30ft UTILITY EASEMENT ROAD CONSERVATION EASEMENT DISTANCES FROM TOB (50ft, 100ft, 200ft) - - - ADJOINERS SHEET 4 OF 6 SAM= / D.B.1677, PG. 546 / PIN:4805-77-7202 / / FEATURE 8A -DITCH / CONSERVATION / EASEMENTAREA3 / 18.76 ACRES +/- NO DIFFUSE FLOW CREDIT DEDUCTION REQUIRED; EDGE OF EASEMENT IS START OF DITCH FLOW INTO PARCEL, REMAINDER OF DITCH SUBJECT TO PHASE B EASEMENT AND REPLANTING CRAVEN, KIMBALL, AND HARRIS D.B. 1199, PG. 287 P.C. 1, SL. 30-B, TRACT 3 PIN:4805-86-7153 AS BUILT LEGEND: TOB: TOP OF BANK R/W: RIGHT-OF-WAY ❑ INSTALLED CVS PLOTS (105 TOTAL) RESTORATION JOB - 200FT) - NO CREDIT - PRESERVATION (LESS THAN 50FT FROM TOB) - NO CREDIT (LESS THAN 50FT FROM TOB) DIFFUSE FLOW CREDIT (NO CREDIT GIVEN) PRESERVATION JOB - 200FT) - NO CREDIT NO CREDIT AREA (OVEER 20OFT FROM TOB) ACCESS EASEMENT - SURVEYED TOP OF BANK — — — 30ft UTILITY EASEMENT ROAD CONSERVATION EASEMENT DISTANCES FROM TOB (50ft, 100ft, 200ft) — — — ADJOINERS ACCESS EASEMENT 4 20FT WIDE, 0.03 ACRES +/- ACCESS EASEMENT 11 15FT WIDE CONSERVATION EASEMENT AREA 9 12.98 ACRES +/- ACCESS EASEMENT 3 20FT WIDE, 0.03 ACRES +/- SEE INSET "A" 1101 FEATURE 9 INTERMITTENT/PERENNIAL 99 CONSERVATIOI EASEMENT AREA 34.77 ACRES +/ FEATURE 8 INTERMITTENT/PERENNIAL W. ACCESS EASEMENT 11 15FT WIDE EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 1 P.C. 1, SL. 30-B, TRACT 4 PIN:4815-07-9630 CJ EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT P.C. 1, SL. 30-B, TRACT 4 %%. PIN:4815-07-9630 d ACCESS EASEMENT 11 15FT WIDE EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 2 P.C. 1, SL. 30-B, TRACT 5 A PIN:4815-37-7393 ® / ACCESS EASEMENT 12 / 15FT WIDE / EUREKA-ETHERIDGE / FARMS, LLC / D.B. 1592, PG. 804, TRACT 2 / P.C. 1, SL. 30-B, TRACT 5 / PIN:4815-37-7393 i N INSET"A" 0 00 M 0 z � sop)- p�Toe U z Sp�FRoM r08 1"=50' Feet 0 25 50 100 i EUREKA-ETHERIDGE FARMS, LLC —�, DIFFUSE FLOW CREDIT D.B. 1592, PG. 804, TRACT 3 I DEDUCTION REQ HIRED P.C. 1, SL. 30-B, TRACT 6 / ® I / I / HILL I / D.B. 1259 PG. 231 / I / EUREKA-ETHERIDGE I I FEATURE 9B - DITCH / FARMS, LLC I / D.B. 1592, PG. 804, TRACT 2 I I P.C. 1, SL. 30-B, TRACT 5 I I / PIN:4815-37-7393 L _ / Feet 0 300 600 1,200 I AREA PLANTED & NO PIN:4815-37-7393 CREDIT GIVEN I I \A ICARO \\\\ ,\ Off•.• esg.•. </ FEATURE 9A - DITCH �Q��� SEAL CONSERVATION = ` . L-4194 IQ7 :. ��O i EASEMENT AREA 10 4.15 ACRES +/- -lO•' Q� %y� SURv O�\: SNLEY �-SHEET SOF6 ACCESS EASEMENT 9 20FT WIDE, 0.01 ACRES +/- EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 3 P.C. 1, SL. 30-B, TRACT 6 PIN:4815-37-7393 0 AS BUILT LEGEND: TOB: TOP OF BANK R/W: RIGHT-OF-WAY INSTALLED CVS PLOTS (105 TOTAL) RESTORATION JOB - 200FT) - NO CREDIT - PRESERVATION (LESS THAN 50FT FROM TOB) - NO CREDIT (LESS THAN 50FT FROM TOB) DIFFUSE FLOW CREDIT (NO CREDIT GIVEN) PRESERVATION JOB - 200FT) - NO CREDIT NO CREDIT AREA (OVEER 20OFT FROM TOB) ACCESS EASEMENT - SURVEYED TOP OF BANK - - - 30ft UTILITY EASEMENT ROAD CONSERVATION EASEMENT DISTANCES FROM TOB (50ft, 100ft, 200ft) - - - AD]OINERS 1" = 200' 0 200 Fil El EUREKA-ETHERIDGE FARMS, LLC D.B. 1592, PG. 804, TRACT 1 P.C. 1, SL. 30-B, TRACT 4 PIN.4815-07-9630 a �N CONSERVATION EASEMENT AREA 11 4.80 ACRES z 0 v z ® V ` FEATURE 10A-INTERMITTENT/PERENNIAL O ` 12 O ' / O FEATURE 10A - DITCH RFC NHS "so,pNl<� R i7�.pU/y(q�C Z3 etc q FO, UTILITY LINE: 30-FOOT RIGHT-OF-WAY (ROW) EASEMENT IS 5-FEET BEYOND ROW ID ■ Feet 800 ACCESS EASEMENT 9 \ 20FT WIDE, 0.01 ACRES +/- FEATURE 11 - INTERMITTENT/PERENNIAL �4 EASEMENT AREA 12 `�`\�N 1CAR0/��,� 10.59ACRES ��0�•F�SS/0 ? 4� SEAL L-4194 -l0 • Q� %,�� •� SUP, •' per\: SHL EY SHEET 6OF6 Table 1. Dead Tree Bank Parcel - Phase B - Tar -Pam 02, 2020-1937v3, Project Credits Tar -Pamlico 03020102 Project Area N Credit Conversion Ratio (ft,/pound) P Credit Conversion Ratio (ft,/pound) 19.16394 297.54099 Credit Type Location Subject? (enter NO if or ditch' Feature Type Mitigation Activity Min -Max Buffer Width (ft) Feature Name i Total Area (ft) Total (Creditable) Area of Buffer i Mitigation (ft) Initial Credit Ratio (x:l) %Full Credit Final Credit Ratio (x:l) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (Ibs) Delivered Nutrientephemeral Offset: P (Ibs) Nutrient Offset Rural No Ditch Restoration 0-100 3A,4D, SD, 6D, 7B, 8A, 8B 9A 9B 10A 1,318,416 1 100% No — Yes 68,796.709 4,431.040 Nutrient Offset Rural No Ditch Restoration 101-200 3A,4D, SD, 61), 7B, 8A, 8B, 9A, 9B, 10A 1,328,571 1 33% No — Yes 69,326.610 4,465.170 Nutrient Offset Rural Yes I / P Restoration 0-100 3, 4, 5, 6, 7, 8, 9, 10, 11 1,142,791 1 100% No — Yes 59,632.362 3,840.785 Nutrient Offset Rural Yes I / P Restoration 101-200 3, 4, 5, 6, 7, 8, 9, 10,11 1,596,502 1 33% No — Yes 83,307.608 5,365.654 Nutrient Offset Rural No Ditch Restoration Diffused Flow Deduction Features 7B 8B 9A 13,050 1 No — No — — Nutrient Offset Rural Yes Ditch Restoration Non -Credit Area; Less Than 50-Ft Features 3A and 9B 626 1 No — No — — Nutrient Offset Rural Yes I / P Restoration Non -Credit Area; Less Than 50-Ft Features 7 8 & 10 6,956 1 No — No — — Totals(ft2): Total Buffer (ft2):l Total Nutrient Offset [ft2):J 5,406,912 0 0.000 281,063.289 18,102.649 0 1 0 5,406,912 1 N/A Total Ephemeral Area (ft2) for Credit Total Eligible Ephemeral Area (ft2) Enter Preservation Credits Below Total Eligible for Preservation (ft2) x Credit Type Location Subject? Feature Type Min-MaBuffer Mitigation Activity Width(ft) Feature Name Preservation Area Subtotals TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 0 0.000 Enhancement: 0 0.000 Preservation: 0 0.000 Total Riparian Buffer: 0 0.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals I Squar Nutrient Offset: Nitrogen: 5,406,912 281,063.289 18,102.649 Phosphorus:F 0 0 0 0.0% 0 0.0% Total Area (sf) Total (Creditable) Area for Buffer Mitigation (ft) 0 0 Ephemeral Reaches as%TABM 'reservation as %TABM Initial Credit Final Credit Riparian Ratio (x:1) %Full Credit Ratio (x:1) 1 Buffer Credits 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). last updated 08/03/2020 Table 2. Project Activity and Reporting History Activity / Milestone BPDP Proposed Date Actual Date BPDP Approved NA November 10, 2022 Parcel Protection NA Recorded April 5, 2022 Planting February, 2022 March 13, 2022 As -built Data Collection March, 2022 May 5—May 10 Construction Completion Walkthrough NA June 21, 2022 As -built Report Submittal NA September, 2022 Year 1-5 Monitoring December 2022 - 2026 On schedule Table 3: Project Contact Firm POC & Address 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Full Delivery Provider Restoration Systems, LLC George Howard and John Preyer 919.755.9490 Raymond Holz: 919.755.9490 Designer/Permitting: Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Josh Merritt: 919.755.9490 Planting Contractor: Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Matthew Harrell: 919.755.9490 Seeding Contractor: Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Nursery Stock Suppliers: ArborGen 1.888.888.7158 Grant Lewis; 919.215.1693 Baseline Data Collection Axiom Environmental, Inc. 218 Snow Ave. Raleigh, NC 27603 Grant Lewis; 919.215.1693 Vegetation Monitoring: Axiom Environmental, Inc. 218 Snow Ave. Raleigh, NC 27603 Table 4: Project Baseline Information & Attributes Project Information Project Name Dead Tree Phase B County Edgecombe Project Area (acres) 150.94 Project Coordinates (latitude and longitude) 36.0921699N,-77.6169789W (NAD83/WGS84) Project Watershed Summary Information Physiographic Province Inner Coastal Plain River Basin Tar -Pamlico USGS Hydrologic Unit 8-digit 03020101 USGS Hydrologic Unit14-digit 03020102040010 and 03020102060010 DWR Sub -basin 03-03-04 Project Drainage Area, Total Outfall (acres) 402 Project Drainage Area Percentage of Impervious Area <5% Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel Appendix A: General Figures and Tables As -built & Baseline Monitoring Report — September 2022 Appendix B: Baseline Vegetation Data, CVS Output Tables Table 5 - Baseline Vegetation Vegetation Plot Photos 1-105 Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel Appendix B: Baseline Vegetation Data, CVS Output Table As -built & Baseline Monitoring Report —September 2022 Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0001 2201002-01-0002 2201002-01-0003 2201002-01-0004 2201002-01-0005 2201002-01-0006 2201002-01-0007 2201002-01-0008 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Celtis occidentalis common hackberry Tree 1 1 1 1 1 1 Cercis canadensis eastern redbud Tree 7 7 7 3 3 3 Diospyros virginiana common persimmon Tree 11 1 1 3 3 3 1 11 1 1 1 1 Fraxinus pennsylvanica green ash Tree 1 1 1 1 1 1 2 2 2 8 8 8 2 2 2 5 5 5 Liriodendron tulipifera tuliptree Tree 2 2 2 3 3 3 3 3 3 5 5 5 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 61 6 6 1 11 1 4 4 4 6 61 6 2 2 2 1 2 2 2 Nyssa sylvatica blackgum Tree 1 1 1 11 1 1 1 1 1 3 3 3 1 1 11 3 3 3 Platanus occidentalis American sycamore Tree Quercus oak Tree 1 1 1 1 1 1 1 1 1 2 2 2 Quercus alba white oak Tree Quercus michauxii swamp chestnut oak Tree 11 1 1 111 111 11 2 2 2 11 1 1 1 1 1 6 6 6 Quercus nigra water oak Tree Quercus rubra inorthern red oak Tree 4 4 4 2 2 2 Ulmus americans lAmerican elm Tree Viburnum dentatum Isouthern arrowwood Shrub 2 2 2 Stem count size (ares) size (ACRES) Species count Stems per ACRE 161 16 16 19 19 19 15 15 15 16 16 16 14 14 14 17 17 17 11 11 11 15 151115 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 4 4 4 8 8 8 7 7 7 7 7 7 8 8 8 5 5 5 5 5 5 5 5 5 647.5 647.5 647.5 768.9 768.9 768.9 607 607 607 647.5 647.5 647.5 566.6 566.6 566.6 6881 6881 688 445.21 445.21 445.2 6071 6071 607 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0009 2201002-01-0010 2201002-01-0011 2201002-01-0012 2201002-01-0013 2201002-01-0014 2201002-01-0015 2201002-01-0016 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 1 1 1 7 7 7 2 2 2 2 2 2 2 2 2 Celtis occidentalis common hackberry Tree 1 1 1 Cercis canadensis eastern redbud Tree 4 4 4 6 6 6 1 1 1 Diospyros virginiana common persimmon Tree 1 1 1 2 2 2 Fraxinus pennsylvanica green ash Tree 1 1 1 Liriodendron tulipifera tuliptree Tree 5 5 5 5 5 5 3 3 3 4 4 4 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 1 1 1 2 2 2 5 5 5 6 6 6 1 1 1 Nyssa sylvatica blackgum Tree 7 7 7 1 1 1 1 1 1 Platanus occidentalis American sycamore Tree 5 5 5 1 1 1 2 2 2 3 3 3 Quercus oak Tree 8 8 8 2 2 2 3 3 3 10 10 10 2 2 2 2 2 2 1 1 1 Quercus alba white oak Tree Quercus michauxii swamp chestnut oak Tree 1 1 1 3 3 3 7 7 7 Quercus nigra water oak Tree 1 1 1 3 3 3 Quercus rubra northern red oak Tree 2 2 2 1 1 1 Ulmus americana American elm Tree 1 1 1 4 4 4 Viburnum dentatum southern arrowwood Shrub 1 1 1 Stem count size (ares) size (ACRES) Species count Stems per ACRE 18 18 18 14 14 14 15 15 15 22 22 22 19 191 19 161 161 16 15 15 15 151 151 15 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 51 51 5 31 31 3 71 7 7 71 71 71 71 7 7 51 51 5 51 51 5 61 61 6 728.4 728.4 728.4 566.6 566.6 566.6 607 607 607 890.3 890.3 890.3 768.9 768.9 768.9 647.5 647.5 647.5 607 607 607 607 607 607 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0017 2201002-01-0018 2201002-01-0019 2201002-01-0020 2201002-01-0021 2201002-01-0022 2201002-01-0023 2201002-01-0024 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 3 3 3 1 1 1 2 2 2 3 3 3 1 1 1 Celtis occidentalis common hackberry Tree 2 2 2 1 1 1 Cercis canadensis eastern redbud Tree 3 3 3 3 3 3 3 3 3 5 5 5 Diospyros virginiana common persimmon Tree Fraxinus pennsylvanica green ash Tree 3 3 3 2 2 2 7 7 7 1 2 2 2 7 7 7 Liriodendron tulipifera tuliptree Tree 2 2 2 2 2 2 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 1 11 1 1 1 1 6 61 6 41 4 4 3 3 3 1 1 1 2 2 2 Nyssa sylvatica blackgum Tree 1 1 1 Platanus occidentalis American sycamore Tree 1 1 1 1 1 1 1 1 1 Quercus oak Tree 1 1 1 4 4 4 4 4 4 4 4 4 2 2 2 2 2 2 Quercus alba white oak Tree 5 5 5 Quercus michauxii swamp chestnut oak Tree 31 3 3 2 2 2 Quercus nigra water oak Tree 1 1 1 11 1 1 Quercus rubra northern red oak Tree 1 1 1 3 3 3 1 1 1 Ulmus americana American elm Tree 5 5 5 4 4 4 5 5 5 3 3 3 5 5 5 Viburnum dentatum southern arrowwood Shrub Stem count size (ares) size (ACRES) Species count Stems per ACRE 15 15 15 12 121 12 18 181 18 11 111 11 18 18 18 17 17 17 21 21 21 18 181 18 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 51 51 5 61 61 6 51 5 5 41 41 4 61 6 6 61 61 6 101 101 10 61 6 6 6071 6071 6071485.61 485.61 485.61 728.41 728.4 728.4 445.21 445.21 445.21 728.41 728.4 728.4 6881 6881 688 849.81 849.81 849.8 728.41 728.41 728.4 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0025 2201002-01-0026 2201002-01-0027 2201002-01-0028 2201002-01-0029 2201002-01-0030 2201002-01-0031 2201002-01-0032 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 3 3 3 6 6 6 1 1 1 Celtis occidentalis common hackberry Tree 1 1 1 2 2 2 Cercis canadensis eastern redbud Tree 4 4 4 4 4 4 1 1 1 2 2 2 Diospyros virginiana common persimmon Tree 21 2 2 21 2 2 2 21 2 2 2 2 11 1 1 5 5 5 Fraxinus pennsylvanica green ash Tree 1 1 1 1 1 1 Liriodendron tulipifera tuliptree Tree 2 2 2 4 4 4 2 2 2 Malus angustifolia southern crabapple Tree 1 1 1 4 4 4 Morus rubra red mulberry Tree 1 11 1 1 1 1 1 1 1 Nyssa sylvatica blackgum Tree 1 1 1 2 2 2 11 1 1 1 1 1 Platanus occidentalis American sycamore Tree 1 1 1 Quercus oak Tree 1 1 1 1 1 1 1 1 1 2 2 2 1 1 1 2 2 2 Quercus alba white oak Tree 2 2 2 3 3 3 3 3 3 1 1 1 Quercus michauxii swamp chestnut oak Tree 11 1 1 21 2 2 Quercus nigra water oak Tree 1 1 1 6 6 6 Quercus rubra northern red oak Tree Ulmus americana American elm Tree 3 3 3 1 1 1 1 1 1 7 7 7 1 1 1 Viburnum dentatum southern arrowwood Shrub 21 2 2 1 2 Stem count size (ares) size (ACRES) Species count Stems per ACRE 14 14 14 12 12 12 K445.21 11 16 16 16 12 12 12 15 15 15 12 12 12 14 14 14 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 6 6 6 9 9 9 5 5 5 5 5 5 5 7 7 7 6 6 6 8 8 8 566.6 566.6 566.6 485.6 485.6 485.6 445.2 647.5 647.5 647.5 485.6 485.6 485.6 607 607 607 485.6 485.6 485.6 566.6 566.6 566.E Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0033 2201002-01-0034 2201002-01-0035 2201002-01-0036 2201002-01-0037 2201002-01-0038 2201002-01-0039 2201002-01-0040 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 6 6 6 1 1 1 1 1 1 3 3 3 Celtis occidentalis common hackberry Tree 4 4 4 1 1 1 1 1 1 6 6 6 Cercis canadensis eastern redbud Tree 2 2 2 3 3 3 2 2 2 3 3 3 1 1 1 Diospyros virginiana common persimmon Tree 1 11 1 21 2 2 4 4 4 1 3 3 3 1 1 1 Fraxinus pennsylvanica green ash Tree 1 1 1 Liriodendron tulipifera tuliptree Tree 1 1 1 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 31 3 3 1 11 1 4 4 4 1 11 1 2 2 2 2 2 2 Nyssa sylvatica blackgum Tree Platanus occidentalis American sycamore Tree 2 2 2 2 2 2 1 1 1 Quercus oak Tree 4 4 4 1 1 1 1 1 1 1 1 1 2 2 2 1 1 1 Quercus alba white oak Tree 4 4 4 1 1 1 2 2 2 1 1 1 Quercus michauxii swamp chestnut oak Tree 1 1 1 1 1 1 3 3 3 Quercus nigra water oak Tree 1 1 1 5 5 5 Quercus rubra northern red oak Tree Ulmus americana American elm Tree 7 7 7 Viburnum dentatum southern arrowwood Shrub 2 2 2 Stem count size (ares) size (ACRES) Species count Stems per ACRE 13 13 13 14 14 14 16 16 16 14 14 14 11 11 11 10 10 10 12 12 12 13 13 13 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 6 6 6 5 5 5 5 5 5 6 6 6 5 5 5 6 6 6 7 7 7 6 6 6 526.1 526.1 526.1 566.6 566.6 566.6 647.5 647.5 647.5 566.61 566.61 566.61445.21 445.21 445.2 404.71 404.71 404.7 485.61 485.61 485.6 526.11 526.1 526.1 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0041 2201002-01-0042 2201002-01-0043 2201002-01-0044 2201002-01-0045 2201002-01-0046 2201002-01-0047 2201002-01-0048 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 4 4 4 5 5 5 3 3 3 2 2 2 Celtis occidentalis common hackberry Tree 3 3 3 1 1 1 2 2 2 Cercis canadensis eastern redbud Tree 3 3 3 2 2 2 2 2 2 Diospyros virginiana common persimmon Tree 31 3 3 1 1 1 1 2 21 2 2 2 2 61 6 6 3 3 3 Fraxinus pennsylvanica green ash Tree 1 1 1 Liriodendron tulipifera tuliptree Tree 3 3 3 1 1 1 2 2 2 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 1 1 3 3 3 Nyssa sylvatica blackgum Tree Platanus occidentalis American sycamore Tree 1 1 1 Quercus oak Tree 2 2 2 2 2 2 Quercus alba white oak Tree 1 1 1 1 1 1 Quercus michauxii swamp chestnut oak Tree 2 2 2 2 2 2 Quercus nigra water oak Tree 1 1 1 3 3 3 Quercus rubra northern red oak Tree 1 1 1 Ulmus americans American elm Tree 9 9 9 3 3 3 4 4 4K445.21 2 2 2 2 Viburnum dentatum southern arrowwood Shrub 2 2 2 2 1 1 1 Stem count size (ares) size (ACRES) Species count Stems per ACRE 11 11 11 11 11 11 10 10 10 9 9 9 11 14 14 14 15 15 15 14 14 14 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 2 2 2 4 4 4 3 3 3 4 4 4 7 7 7 7 6 6 6 6 6 6 445.2 445.2 445.2 445.2 445.2 445.2 404.7 404.7 404.7 364.2 364.2 364.2 445.21 566.61 566.6 566.6 607 6071 607 566.61 566.6 566.6 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0049 2201002-01-0050 2201002-01-0051 2201002-01-0052 2201002-01-0053 2201002-01-0054 2201002-01-0055 2201002-01-0056 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 1 1 1 1 1 1 6 6 6 8 8 8 5 5 5 Celtis occidentalis common hackberry Tree 1 1 1 Cercis canadensis eastern redbud Tree 1 1 1 1 1 1 2 2 2 1 1 1 Diospyros virginiana common persimmon Tree 4 41 4 2 2 2 1 11 1 3 3 3 Fraxinus pennsylvanica green ash Tree 2 2 2 1 1 1 2 2 2 1 1 1 Liriodendron tulipifera tuliptree Tree 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 Malus angustifolia southern crabapple Tree 1 1 1 Morus rubra red mulberry Tree 1 11 1 1 1 1 1 1 1 Nyssa sylvatica blackgum Tree 1 1 1 41 4 4 Platanus occidentalis American sycamore Tree Quercus oak Tree 1 1 1 Quercus alba white oak Tree 3 3 3 3 3 3 4 4 4 4 4 4 Quercus michauxii swamp chestnut oak Tree 1 1 1 1 1 1 1 1 1 Quercus nigra water oak Tree 1 1 1 1 1 1 1 1 1 Quercus rubra northern red oak Tree 3 3 3 2 2 2 2 2 2 Ulmus americana American elm Tree 1 1 1 1 1 1 3 3 3 2 2 2 Viburnum dentatum southern arrowwood Shrub 1 1 1 Stem count size (ares) size (ACRES) Species count Stems per ACRE 12 12 12 10 10 10 14 14 14 12 12 12 10 10 10 14 14 14 13 13 13 10 10 10 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 6 6 6 7 7 7 6 6 6 6 6 6 9 9 9 6 6 6 4 4 4 4 4 4 485.E 485.6 485.61404.71 404.71 404.7 566.61 566.61 566.6 485.61 485.61 485.61404.71 404.71 404.7 566.61 566.61 566.61 526.11 526.11 526.11404.71 404.71 404.7 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0057 2201002-01-0058 2201002-01-0059 2201002-01-0060 2201002-01-0061 2201002-01-0062 2201002-01-0063 2201002-01-0064 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 3 3 3 2 2 2 2 2 2 2 2 2 9 9 9 Celtis occidentalis common hackberry Tree 1 1 1 1 1 1 4 4 4 3 3 3 1 1 1 Cercis canadensis eastern redbud Tree 1 1 1 2 2 2 1 1 1 3 3 3 Diospyros virginiana common persimmon Tree I I 1 1 6 6 6 Fraxinus pennsylvanica green ash Tree 1 1 1 1 1 1 Liriodendron tulipifera tuliptree Tree 1 1 1 1 1 1 1 1 1 5 5 5 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 3 3 3 1 1 1 Nyssa sylvatica blackgum Tree 1 1 1 Platanus occidentalis American sycamore Tree 1 1 1 3 3 3 Quercus oak Tree 1 1 1 1 1 1 Quercus alba white oak Tree 1 1 1 Quercus michauxii swamp chestnut oak Tree 2 2 2 6 6 6 1 1 1 4 4 4 1 1 1 Quercus nigra water oak Tree 1 1 1 2 2 2 1 1 1 Quercus rubra northern red oak Tree 1 1 1 2 2 2 2 2 2 Ulmus americana American elm Tree 2 2 2 1 1 1 Viburnum dentatum southern arrowwood Shrub Stem count size (ares) size (ACRES) Species count Stems per ACRE 11 11 11 11 11 11 9 9 9 9 9 9 14 14 14 10�ii0 10 10 10 10 15 15 15 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 9 9 9 7 7 7 4 4 4 5 5 5 5 5 5 4 4 4 5 5 5 3 3 3 445.2 445.2 445.2 445.2 445.2 445.2 364.2 364.24 364.2 364.2 364.2 364.2 566.6 566.6 566.6 404.7 404.7 404.7 404.7 404.7 404.7 607 607 607 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0065 2201002-01-0066 2201002-01-0067 2201002-01-0068 2201002-01-0069 2201002-01-0070 2201002-01-0071 2201002-01-0072 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 3 3 3 2 2 2 1 1 1 1 1 1 8 8 8 Celtis occidentalis common hackberry Tree 1 1 1 3 3 3 Cercis canadensis eastern redbud Tree 1 1 1 3 3 3 4 4 4 1 1 1 Diospyros virginiana common persimmon Tree 3 31 3 11 1 1 1 2 21 2 7 7 7 Fraxinus pennsylvanica green ash Tree 1 1 1 2 2 2 Liriodendron tulipifera tuliptree Tree 3 3 3 3 3 3 1 1 1 4 4 4 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 11 1 1 1 11 1 3 3 3 1 2 2 2 Nyssa sylvatica blackgum Tree 3 3 3 Platanus occidentalis American sycamore Tree 1 1 1 1 1 1 2 2 2 Quercus oak Tree 1 1 1 2 2 2 1 1 1 Quercus alba white oak Tree 2 2 2 2 2 2 1 1 1 Quercus michauxii swamp chestnut oak Tree 1 1 1 1 1 1 Quercus nigra water oak Tree 1 1 1 4 4 4 6 6 6 2 2 2 3 3 3 Quercus rubra northern red oak Tree 3 3 3 1 1 1 Ulmus americana American elm Tree 1 1 1 1 1 1 1 1 1 Viburnum dentatum southern arrowwood Shrub Stem count size (ares) size (ACRES) Species count Stems per ACRE 14 14 14 12 12 12 12 12 12 13 13 13 11 11 11 13 13 13 15 15 15 13 13 13 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 7 7 7 7 7 7 5 5 5 6 6 6 5 5 5 5 5 5 6 6 6 6 6 6 566.6 566.6 566.6 485.6 485.6 485.E 485.6 485.6 485.6 526.1 526.1 526.1 445.2 445.2 445.2 526.1 526.1 526.1 607 6071 607 526.11 526.1 526.1 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0073 2201002-01-0074 2201002-01-0075 2201002-01-0076 2201002-01-0077 2201002-01-0078 2201002-01-0079 2201002-01-0080 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 1 1 1 2 2 2 1 1 1 11 11 11 Celtis occidentalis common hackberry Tree 1 1 1 3 3 3 1 1 1 Cercis canadensis eastern redbud Tree Diospyros virginiana common persimmon Tree 2 21 2 31 3 3 41 4 4 1 21 2 2 1 1 1 Fraxinus pennsylvanica green ash Tree 2 2 2 1 1 1 1 1 1 Liriodendron tulipifera tuliptree Tree 1 1 1 4 4 4 3 3 3 6 6 6 9 9 9 1 1 1 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 11 1 1 3 31 3 3 3 3 1 11 1 Nyssa sylvatica blackgum Tree 1 1 1 1 11 1 1 1 1 1 11 1 1 Platanus occidentalis American sycamore Tree 2 2 2 1 1 1 1 3 3 3 Quercus oak Tree 1 1 1 Quercus alba white oak Tree 1 1 1 1 1 1 2 2 2 Quercus michauxii swamp chestnut oak Tree 4 41 4 1 4 4 4 1 11 1 Quercus nigra water oak Tree 1 1 1 11 1 1 1 21 2 2 Quercus rubra northern red oak Tree 1 1 1 Ulmus americana American elm Tree 2 2 2 4 4 4 6 6 6 5 5 5 Viburnum dentatum southern arrowwood Shrub Stem count size (ares) size (ACRES) Species count Stems per ACRE 10 10 10 13 13 13 171 171 17 181 181 18 13 13 13 15 15 15 12 12 12 16 16 16 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 6 6 6 6 6 6 6 6 6 8 8 8 7 7 7 4 4 4 i 6 6 4 4 4 404.7 404.7 404.7 526.1 526.1 526.1 688 688 688 728.4 728.4 728.4 526.1 526.1 526.1 607 607 607 485.6 485.6 485.6 647.5 647.5 647.5 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0081 2201002-01-0082 2201002-01-0083 2201002-01-0084 2201002-01-0085 2201002-01-0086 2201002-01-0087 2201002-01-0088 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 1 1 1 3 3 3 5 5 5 2 2 2 Celtis occidentalis common hackberry Tree 4 4 4 2 2 2 Cercis canadensis eastern redbud Tree 2 2 2 2 2 2 1 1 1 2 2 2 3 3 3 Diospyros virginiana common persimmon Tree 1 1 1 2 2 2 6 6 6 2 2 2 Fraxinus pennsylvanica green ash Tree 1 1 1 Liriodendron tulipifera tuliptree Tree 9 9 9 1 1 1 4 4 4 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 1 1 3 3 3 Nyssa sylvatica blackgum Tree 4 4 4 1 1 1 1 1 1 Platanus occidentalis American sycamore Tree 1 1 1 1 1 1 2 2 2 1 1 1 Quercus oak Tree 1 1 1 1 1 1 Quercus alba white oak Tree 1 1 1 1 1 1 Quercus michauxii swamp chestnut oak Tree 9 9 9 6 6 6 1 1 1 2 2 2 3 3 3 2 2 2 4 4 4 Quercus nigra water oak Tree 2 2 2 1 1 1 Quercus rubra northern red oak Tree 2 2 2 1 1 1 Ulmus americana American elm Tree 3 3 3 2 2 2 Viburnum dentatum southern arrowwood Shrub 2 2 2 1 1 1 1 1 1 Stem count size (ares) size (ACRES) Species count Stems per ACRE 15 15 15 14 14 14 13 13 13 17 17 17 14 14 14 14 14 14 13 13 13 13 13 13 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 5 5 5 4 4 4 5 5 5 9 9 9 3 3 3 6 6 6 7 7 7 8 8 8 6 77 607 6071566.61 566.61 566.61 526.11 526.11 526.11 6881 6881 6881 566.61 566.61 566.6 566.61 566.6 566.6 526.11 526.11 526.11 526.11 526.11 526.1 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 2201002-01-0089 2201002-01-0090 2201002-01-0091 2201002-01-0092 2201002-01-0093 2201002-01-0094 2201002-01-0095 2201002-01-0096 2201002-01-0097 Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 2 2 2 2 2 2 4 4 4 1 1 1 1 1 1 Celtis occidentalis common hackberry Tree 2 2 2 1 1 1 1 1 1 Cercis canadensis eastern redbud Tree 3 3 3 3 3 3 1 1 11 4 4 4 Diospyros virginiana common persimmon Tree 6 6 6 3 3 3 3 3 3 Fraxinus pennsylvanica green ash Tree 1 1 1 1 1 1 1 1 1 Liriodendron tulipifera tuliptree Tree 2 2 2 1 1 1 1 1 1 Malus angustifolia southern crabapple Tree Morus rubra red mulberry Tree 1 1 1 1 1 1 Nyssa sylvatica blackgum Tree Platanus occidentalis American sycamore Tree 2 2 2 Quercus oak Tree 2 2 2 2 2 2 Quercus alba white oak Tree 4 4 4 6 6 6 6 6 6 4 4 4 2 2 2 1 1 1 1 1 1 Quercus michauxii swamp chestnut oak Tree 1 1 1 7 7 7 1 1 1 1 1 1 1 1 1 1 1 1 3 3 3 4 4 4 6 6 6 Quercus nigra water oak Tree 1 1 1 1 1 1 1 1 1 Quercus rubra northern red oak Tree Ulmus americans American elm Tree 1 1 1 Viburnum dentatum southern arrowwood Shrub 2 2 2 Stem count size (ares) size (ACRES) Species count Stems per ACRE 11 11 11 13 13 13 13 13 13 11 11 11 14 14 14 9 9 9 11 11 11 11 11 11 14 14 14 1 1 1 1 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 5 5 5 4 4 4 6 6 6 3 3 3 5 5 5 6 6 6 6 6 6 6 6 6 6 6 6 445.2 445.2 445.2 526.1 526.1 526.1. 526.11 526.11 526.1 445.21 445.21 445.2 566.61 566.6 566.6 364.21 364.21 364.2 445.21 445.2 445.2 445.21 445.21 445.21566.61 566.61 566.6 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Table 5. Total Stems by Plot and Species Project Code 2201002. Project Name: Dead Tree 02 Current Plot Data (MYO 2022) Annual Means Scientific Name Common Name Species Type 2201002-01-0098 2201002-01-0099 2201002-01-0100 2201002-01-0101 2201002-01-0102 2201002-01-0103 2201002-01-0104 2201002-01-0105 MYO (2022) Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Betula nigra river birch Tree 4 4 4 2 2 2 1 1 1 163 163 163 Celtis occidentalis common hackberry Tree 2 2 21 59 59 59 Cercis canadensis eastern redbud Tree 106 106 106 Diospyros virginiana common persimmon Tree 4 4 4 2 2 2 5 5 5 126 126 126 Fraxinus pennsylvanica green ash Tree 1 1 1 65 65 65 Liriodendron tulipifera tuliptree Tree 3 3 3 1 1 1 1 1 1 1 1 1 123 123 123 Malus angustifolia southern crabapple Tree 6 6 6 Morus rubra red mulberry Tree 2 2 2 1 1 1 3 3 3 1 1 1 107 107 107 Nyssa sylvatica blackgum Tree 3 3 3 47 47 47 Platanus occidentalis American sycamore Tree 2 2 2 1 1 1 1 1 1 46 46 46 Quercus oak Tree 86 86 86 Quercus alba white oak Tree 3 3 3 1 1 1 3 3 3 1 1 1 1 1 1 83 83 83 Quercus michauxii swamp chestnut oak Tree 7 7 7 3 3 3 7 7 7 8 8 8 2 2 2 157 157 157 Quercus nigra water oak Tree 2 2d404.7 2 2 2 1 1 1 1 1 1 1 1 1 63 63 63 Quercus rubra northern red oak Tree 6 6 6 3d526.11526.1 44 44 44 Ulmus americana American elm Tree 1 1 1 2 2 2 106 106 106 Viburnum dentatum southern arrowwood Shrub 21 21 21 Stem count size (ares) size (ACRES) Species count Stems per ACRE 13 13 13 13 10 10 10 10 10 12 12 12 12 12 12 11 11 11 15 15 15 1408 1408 1408 1 1 1 1 1 1 1 105 0.02 0.02 0.02 0.02 0.02 0.02 0.02 2.59 3 3 3 5 2 2 2 5 5 6 6 6 5 5 5 4 4 4 9 9 9 17 17 17 526.1 526.1 526.1 526.1404.7 404.7 404.7 404.7 404.7485.61 485.61 485.6 485.61 485.61 485.6 445.21 445.21 445.2 6071 6071 607 542.71 542.71 542.7 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Pnol-S = Planted excluding livestakes P-all = Planting including livestakes T = All planted and natural recruits including livestakes T includes natural recruits Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Plot 7 Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Plot 11 Plot 10 Plot 12 Plot 14 Plot 16 Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Plot 18 Plot 20 low Plot 21 Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report —April 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) PI nt 27 Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Plot 33 Plot 36 Plot 37 4� Plot 39 Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Plot 43 Plot 45 Plot 47 Plot 42 fow` J4IIW I Plot 44 Dead Tree Phase B Site MYO Monitoring Report — May 2022 Appendix A: Visual Assessment Data Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Plot 51 Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Plot 64 iv Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Plot 73 1 i� Plot 77 Dead Tree Phase B Site MYO Monitoring Report — May 2022 Appendix A: Visual Assessment Data Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) f Plot 82 Plot 84 now . Dead Tree Phase B Site MYO Monitoring Report — May 2022 Appendix A: Visual Assessment Data Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Plot 99 low h4. i Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Dead Tree Phase B Site MYO (2022) Vegetation Monitoring Photographs (taken May 5 — May 10, 2022) Dead Tree Phase B Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Appendix C: NC DWR Stream Determination & Buffer Viability Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel Appendix C: NC DWR Stream Determination As -built & Baseline Monitoring Report — September 2022 DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC EtOY COOPER Governor DIONNE DELLFGATTI Secretary S. DANIEL SMITH Direcror Barrett Jenkins Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 bjenkins@restorationsystems.com NORTH CAROLINA Environmental Quality April 6, 2021 Project 20201937 Edgecombe County Subject: On -Site Determination for Applicability to the Tar -Pamlico Buffer Rules 15A NCAC 02B .0734 Project Name: Dead Tree Nutrient Offset Site Address: Red Hill Church Road, Whitakers, Edgecombe County, NC Location: Lat., Long: 36.0890933967,-77.6164950718 Inspection Dates: 12/30/20 and 1/5/21 Dear Mr. Jenkins: On December 30, 2020 and January 5, 2021, Shelton Sullivan of the Division of Water Resources (DWR) conducted an on -site review of features located on the subject property at the request of Barrett Jenkins with Restoration Systems, LLC to determine the applicability of features on the site to the Tar -Pamlico Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0734. The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the table below. Streams were evaluated for being ephemeral, at least intermittent, and subjectivity to the Tar -Pamlico Riparian Area Protection Rules. Streams that are considered "Subject" have been located on the most recently published NRCS Soil Survey of Edgecombe County and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics that qualify them to be at least intermittent streams. Features that are considered "Not Subject" have been determined to not be at least intermittent, not present on the property, or not depicted on the required maps. This determination only addresses the applicability to the buffer rules within the proposed easement and does not approve any activity within buffers or within waters of the state. There may be other streams or features located on the property that appear or do not appear on the maps referenced above. Any of the features on the site N North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ra�zzr.i CFO rv� � 919.707,9000 DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC Project 20201937_Dead Tree Edgecombe Page 2 of 3 may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. The following table addresses the features observed and rated during the DWR site visit Feature Type: stream Subject to Feature (ephemeral, intermittent, Buffer Start @ Stop @ Depicted on Depicted on ID perennial), ditch, swale, Rules Soil Survey USGS Topo wetland, other IAD Ditch No Not evaluated IAE Yes No IAE Stream-E No IAE IAI Yes No IAI Stream -at least I Yes IAI Confluence with Yes No Feature 1 IB Stream-E No 1B Confluence with Yes No Feature 1 IC Ditch No Not evaluated Confluence with Yes Yes Feature 1 1D Ditch No Not evaluated Confluence with Yes No Feature 1 lE Ditch No Not evaluated Confluence with Yes No Feature 1 1F Ditch No Not evaluated 1 Start Yes Yes Feature Stream — at least I Yes 1 Start Continues beyond Yes Yes 1 Easement boundary 2E at f m 21 B easement 2E Stream - E No road2 boundary Yes No Start At headcut Continues Feature Stream — at least I Yes downstream downstream beyond Yes No 2 beyond easement boundary easement boundary 3 Start Feature Stream — at least I Yes At headcut Continues beyond Yes No 3 and blocks in Easement boundary stream 4D Ditch No Not evaluated 4 Start No Yes Feature Stream — at least I Yes 4 Start Continues beyond Yes Yes 4 Easement boundary 5D Ditch No Not evaluated Not evaluated No Yes Feature Stream — at least I Yes 5 Start at Continues beyond Yes 5 headcut Easement boundaryYes 6D Ditch No Not evaluated Not evaluated Yes No Feature Stream at least I Yes 6 Start at Continues beyond Yes No 6 creek bend Easement boundary 7B Ditch No Not evaluated 7 Start Yes Yes 7C Ditch No Not evaluated Confluence with 7B No Yes 7 Start Feature Stream — at least I Yes (downstream Continues beyond Yes Yes 7 side of easement boundary crossing) 8A Ditch No Not evaluated Confluence with 8B Yes Yes at 8 Start 8B Ditch No Not evaluated Confluence with 8A Yes No at 8 Start Feature Stream — at least I Yes 8 Start Confluence with Yes Yes 8 Feature 7 9B Ditch No Not evaluated 9 Start Yes Yes Feature Stream —at least I Yes 9 Start Confluence with Yes Yes 9 Feature 7 EQ�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Fsazr•i+:sPo�wa f a u�� � 919.70T9000 DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC Project 20201937_Dead Tree Edgecombe Page 3 of 3 Feature Type: stream Subject to Feature (ephemeral, intermittent, Buffer Start @ Stop @ Depicted on Depicted on ID perennial), ditch, swale, Rules Soil Survey USGS Topo wetland, other 10A Ditch No Not evaluated 10 Start No Yes Feature Continues to pond 10 Stream — at least I Yes 10 Start beyond easement No Yes boundary Feature Stream — at least I Yes 11 Start Continues beyond No Yes I I Easement boundary 12 Ditch No Not evaluated Continues to Yes Yes Easement boundary * E: Ephemeral, I: Intermittent, P: Perennial This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute this determination made by the DWR may request an appeal determination by the Director of Water Resources. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing, as per 15A NCAC 02B .0734 (4). Ifsending via U.S. Postal Service: Paul Wojoski - DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 Ifsending via delivery service (UPS, FedEx, etc.) Paul Wojoski - DWR 401 & Buffer Permitting Branch Supervisor 512 N Salisbury St Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) calendar days. If you have any additional questions or require additional information, please contact Shelton Sullivan at shelton.sullivanPncdenr.gov or 919-707-3636. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, DOCUSigned by: 949D91BA53EF4E0... Paul Wojoski Supervisor, DWR 401 & Buffer Permitting Attachments: Site Map with labels, Photos, NRCS Soil Survey, USGS Topographical Map cc: Barrett Jenkins via email bienkinsPresto ratio nsystems.com Katie Merritt via email katie.merrittOncdenr.gov 401 & Buffer Permitting Branch files Mail copies to: Carey Newsome Barnes, 41 Longstreet Road, Weldon, NC 27890 Eureka Etheridge Farms LLC, 218 Old Farm Rd., Roanoke Rapids, NC 27870 Nancy Craven, 124 Berry Hill Rd., Raleigh, NC 27615 Filename: 20201937 DeadTree StreamCalls 4-2-21.docx North Carolina Department of Environmental Quality I Division of Water Resources RQ> Sit North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 TM•^�a u�� � 919.747.9000 DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC Dead Tree Stream Calls, Shelton Sullivan DWR, 12/30/20 and 1/5/21, Google Aerials DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC PIR 6 Start i r _ li -A44 DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC 10A 10 Start s F i Feature 9 f Feature 10 • '71 - : 4v"'%FFIL- A44k�- . c DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC Dead Tree Stream Call Pictures Shelton Sullivan DWR 1 Start (flag labeled 1F) 1B Ephemeral 1A1 Intermittent 2E Ephemeral DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC 3 Start 4 Start 5 Start 6 Start DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC 7 Start 9 Start 8 Start 10 Start DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC 11 Start 12 Ditch DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC R ♦ /; Dead Tree Nutrient Offset Site Edgecombe County USGS Topo 2019 r i F SP ° t 0 460 920 e f ' f 125 1,840 2,760 c.1251 3,680 = Feet Legend Dead Tree Parcel DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC Z,,,,.' � M� • .yam - -�� ,�� .,�..�';�' 4s, , ...� '# _. 4t a . All r E Dead Tree Nutrient Offset Site + Edgecombe County 0 460 920 1,840 2,760 3,680 -of NRCS Soils Map 1979 Feet Legend QDead Tree Parcel DocuSign Envelope ID: A9447FB1 -86AD-48D1 -8CA5-7E8DA025DFEC as f a r. alp { E4 Dead Tree Nutrient Offset Site Edgecombe County LIDAR Map Legend ca Dead Tree Parcel LIDAR Value High : 126.773 3,680 Low : 61.383 = Feet Docu ii SECURED Certificate Of Completion Envelope Id: A9447FB 1 86AD48D 1 8CA57E8DA025DFEC Status: Completed Subject: Please DocuSign: 20201937_DeadTree_StreamCal ls_4-6-21.pdf Source Envelope: Document Pages: 16 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Shelton Sullivan AutoNav: Enabled 217 W. Jones Street Envelopeld Stamping: Enabled Raleigh, NC 27699 Time Zone: (UTC-08:00) Pacific Time (US & Canada) shelton.sullivan@ncdenr.gov IP Address: 149.168.204.10 Record Tracking Status: Original Holder: Shelton Sullivan Location: DocuSign 4/6/2021 8:51:00 AM shelton.sullivan@ncdenr.gov Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: North Carolina Department of Environmental Location: DocuSign Quality Signer Events Signature Timestamp Paul WojoskiSent: 4/6/2021 8:52:38 AM w 7�l o3.ca Paul.Wojoski@ncdenr.gov � Viewed: 4/7/2021 6:48:21 AM E�,g,4-g[,)g5l,,,B,A,Sa3EOF,:nE0. North Carolina Department of Environmental Quality Signed: 4/7/2021 7:17:42 AM Security Level: Email, Account Authentication Freeform Signing (None) Signature Adoption: Pre -selected Style Using IPAddress: 107.197.154.200 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/6/2021 8:52:38 AM Certified Delivered Security Checked 4/7/2021 6:48:21 AM Signing Complete Security Checked 4/7/2021 7:17:42 AM Completed Security Checked 4/7/2021 7:17:42 AM Payment Events Status Timestamps DocuSign Envelope ID: E7777968-19A7-47EC-8242-F505DD071970 P,OY COOPER Governor DiONNE DELLI-CATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality May 14, 2021 Barrett Jenkins Restoration Systems, LLC (via electronic mail: bjenkins@restorationsystems.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Dead Tree Phase B Site Near 36.092169,-77.616978 off Red Hill Church Rd Tar -Pamlico 03020102 Edgecombe County Dear Mr. Jenkins, On October 9 2020, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Restoration Systems, LLC (RS) for a site visit near the above -referenced site in the Tar -Pamlico River Basin within the 8-digit Hydrologic Unit Code 03020102. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately shown in the attached maps labeled Dead Tree Phase B Overview - Figure 1 and Dead Tree Phase B Overview- Figure 2, both prepared by RS. On December 30, 2020 and January 5, 2021, Ms. Merritt performed a site assessment of the subject site. Staff with RS were also present. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0703. Feature Classification 'Subject Riparian Land uses adjacent to Feature Buffer Credit 'Nutrient Offset ','Mitigation Tyne Determination Win onsite to riparian areas Buffer 0( 200') Viable Viable Rule 2 Stream Yes Forested with some areas 2Yes No Preservation Site per 15A NCAC 02B timbered between 2013- .0295 (o)(5) 2015; no timbering observed within Zone 1 or Zone 2 of the riparian buffer. N North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ra�zzr.i CFO rv� � 919.707,9000 DocuSign Envelope ID: E7777968-19A7-47EC-8242-F505DD071970 Dead Tree Phase B Site Restoration Systems, LLC May 14, 2021 Feature Classification ISublect Riparian Land uses Buffer 'Nutrient 4,SMitigation Type Determination Win onsite to riparian areas adiacent to Feature Credit Offset Buffer 0( 200' Viable Viable Rule 2E Ephemeral No Forested with some areas 2•6Yes No Preservation Site per 15A NCAC 02B timbered and clear cut .0295 (o)(7) between 2013-2015; Must submit supporting documentation of additional requirements under. 0295 (6)(7) to be viable for buffer mitigation 2F Ditch No Non -forested agricultural No No Directly hydrologically connected to an >3' depth fields ephemeral channel 2E 3 Stream Yes Mostly forested with some zYes Yes (non- Non Forested areas - Restoration Site per areas timbered between forested 15A NCAC 02B .0295 (n) 2013-2015; no timbering agricultural observed within Zone 1 or fields only) Forested Areas - Preservation Site per Zone 2 of the riparian 15A NCAC 02B .0295 (o)(5) buffer. Non -forested agricultural fields with a narrow fringe of mature trees upstream 3A Ditch No Left Bank — not in No Yes (non- Restoration Site per 15A NCAC 02B >3' depth agriculture forested .0295 (n) Right Bank — non -forested agricultural agricultural fields with a fields only) narrow fringe of mature trees 3B Ditch No N/A No No Directly hydrologically connected to a ditch 3A 3C Swale, not No N/A No No N/A present in `94 4 Stream Yes Mostly non -forested zYes Yes (non- Non Forested areas - Restoration Site per agricultural fields with a forested 15A NCAC 02B .0295 (n) narrow fringe of mature fields only) trees. Downstream is Forested Areas - Preservation Site per mostly in mature forest. 15A NCAC 02B .0295 (o)(5) 4D Ditch No Non -forested agricultural *see note Yes Restoration Site per 15A NCAC 02B Starts @ fields .0295 (o)(8) 36.098951, - 77.605128 *Buffer Mitigation Note — Assessment concludes the ditch meets 15A NCAC 02B .0295 (o)(8) (A, B, C, D & E). More information is required to be provided in a mitigation plan for complete assessment. See rule. 5 Stream Yes Mostly mature forest with zYes Yes (non- Non Forested areas - Restoration Site per adjacent non -forested forested 15A NCAC 02B .0295 (n) agricultural fields fields only) Forested Areas - Preservation Site per 15A NCAC 02B .0295 (o)(5) Page 2 of S DocuSign Envelope ID: E7777968-19A7-47EC-8242-F505DD071970 Dead Tree Phase B Site Restoration Systems, LLC May 14, 2021 Feature Classification 1Subiect Riparian Land uses Buffer .'Nutrient ','Mitigation Tyne Determination Win onsite to riparian areas adiacent to Feature Credit Offset Buffer 0( 200' Viable Viable Rule 5D Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B >3' depth fields .0295 (n) 6 Stream Yes Mostly mature forest with zYeS Yes (non- Non Forested areas - Restoration Site per adjacent non -forested forested 15A NCAC 02B .0295 (n) agricultural fields fields only) Forested Areas - Preservation Site per 15A NCAC 02B .0295 (o)(5) 6D Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B >3' depth fields .0295 (n) 7 Stream Yes Non -forested agricultural Yes Yes Restoration Site per 15A NCAC 02B fields .0295 (n) 7A Ditch & No Non -forested agricultural No No N/A roadside ditch fields 713 Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B (see map) >3' depth fields .0295 (n) 7C Ditch No Non -forested agricultural No No Directly hydrologically connected to a fields ditch 8 Stream Yes Non -forested agricultural Yes Yes Restoration Site per 15A NCAC 02B fields .0295 (n) Culvert needs to be removed where features 8A and 813 enter feature 8. 8A Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B >3' depth fields .0295 (n) 813 Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B Starts @ >3' depth fields .0295 (n) 36.096866, - 77.614710 9 Stream Yes Non -forested agricultural Yes Yes (non- Restoration Site per 15A NCAC 02B fields with mature forests forested .0295 (n) downstream. fields only) Erosional gullies present in some areas along channel and need to be stabilized. 9A Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B >3' depth fields .0295 (n) 913 Ditch No Ditch No Yes Restoration Site per 15A NCAC 02B >3' depth .0295 (n) Page 3 of 5 DocuSign Envelope ID: E7777968-19A7-47EC-8242-F505DD071970 Dead Tree Phase B Site Restoration Systems, LLC May 14, 2021 Feature Classification 'Subject Riparian Land uses Buffer 'Nutrient 4'Mitigation Type Determination w/in onsite to riparian areas adiacent to Feature Credit Offset Buffer 0( 200'1 Viable Viable Rule 10 Stream Yes non -forested agricultural 'Yes Yes (non- Non Forested areas - Restoration Site per fields along right bank and forested 15A NCAC 02B .0295 (n) mature forest along left fields only) bank and all downstream Forested Areas - Preservation Site per 15A NCAC 02B .0295 (o)(5) 10A Ditch No Non -forested agricultural *see note Yes Restoration Site per 15A NCAC 02B fields; partially located in a .0295 (o)(8) DOT R.O.W *Buffer Mitigation Note — Assessment concludes the ditch meets 15A NCAC 02B .0295 (o)(8) (A, B, C, D & E). More information is required to be provided in a mitigation plan for complete assessment. See rule. No credits are allowed within the DOT R.O.W. 11 Stream Yes Non -forested agricultural 'Yes (non- Non Forested areas - Restoration Site per fields with forested areas forested 15A NCAC 02B .0295 (n) downstream (see map) fields only) Forested Areas - Preservation Site per 15A NCAC 02B .0295 (o)(5) 11A Swale No N/A No No N/A 12 Ditch No Non -forested agricultural No No not connected to a stream within proposed >3' depth fields conservation easement boundary. 'Subjectivity calls for the features were determined by DWR.in correspondence dated April 6, 2021 using the 1:24 000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . 'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 'Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request. ' All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the tops of channel banks when being measured perpendicular and landward finm the banks, even if no credit is viable within that riparian area. 'The area of the mitigation site onephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .029-5 (o)(7). Determinations provided in the table above were made using a proposed easement boundary showing proposed mitigation areas shown in Figure 1 and Figure 2. The maps representing the proposal for the site are attached to this letter and are initialed by Ms. Merritt on May 14, 2021. Substantial changes to the proposed easement boundary could affect the Site's potential to generate buffer and nutrient offset credits. All compromised culverts located within features of the proposed site must be removed or replaced. All dirt paths present within riparian areas proposed for restoration or preservation within the conservation easement must be relocated outside of the easement boundary. Dirt paths/roads that dissect a ditch, must be relocated outside of the easement boundary or that riparian area removed from the site. This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a DocuSign Envelope ID: E7777968-19A7-47EC-8242-F505DD071970 Dead Tree Phase B Site Restoration Systems, LLC May 14, 2021 proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0703. This viability assessment will expire on May 14, 2023 or upon approval of a mitigation plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer, stream or wetland mitigation plan for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, DocuSpig�n�e/d by: 949D916A53EF4E0... Paul Wojoski, Supervisor 401 and Buffer Permitting Branch PW/kym Attachments: Dead Tree Phase B Overview- Figure 1, Dead Tree Phase B Overview- Figure 2 cc: File Copy (Katie Merritt) Page S of S IlnciiSinn Fn\/PInnP In. F7777QFR-1QA7-A7FC-R7d7-FSnS;nnn71Q7n RESTORATION SYSTEMS, 1i SCALE, 1 in= 500feet DEAD TREE Ds 1101 HAYNES ST, SUITE 211 DATE: 04 - 2021 PHASE B (TAR-PAM 02) - 7. RALEIGH, NC 27604 PHONE : 919.755.9490 SITE: Dead Tree OVERVIEW - FIGURE 1 12021 to FAX : 919.755.9492 Fe This map and all data cn— tl t, esuppfetlas-s wth m mrranty. aest r t,n systems Iuc expressly Aerial Imagery: Coordinate System: as<la'r ,,spo'hrtyfertlnug I'b'llyfm—Ndh-thatrreyarseoutoftbeus ,hsuseoftlisrrep.It's (c) services. nconemap.gov-2017 NAD_1983_SP_NC_FIPS_3200_Ft the sale respore b'I ty of the u to tletermne f the data on this mp is —I wth the users neetls r s map --tad as survey tla[a, rxx sbeultl t be usetl as such I[ s the user s responds b'I ty [o obt a n proper survey Feet data, preparetl by a I'Censetl surveyor, vAxve requ retl by law 0 160 320 640 960 1,280 a . h k Start Feature 2 N P. Legend Intermittent/Perennial ° (36.105518,-77.60555) a��<e , O Subject Fee -Simple Parcels Fe �.. r,.. - N Tar -Pam 01-02 Dividing 8-Digit i Line (Based on t QL2-LiDAR) _ Phase B (Tar -Pam 02) - DWR Stream Origin Points sA*� a (Per Signed Letter) start Feature 2E CDPhase B (Tar -Pam 02) - Proposed Easement for Viability : r= (36.103696,-77.606903) , In ? Assessment : +/- 224 Acres N . Phase B (Tar -Pam 02) Features Start Feature 3 Intermittent/Perennial Intermittent/Perennial (36.102461,-77.603984) E t` Ephemeral 0 Ditch Start V Ditch Al- re 4�' • ■ ' • 1 . • Start Feature 8 Start Feature 7 Intermittent/Perennial �� Intermittent/Perennial (36.095076,-77.614100) (36.096562,-77.609682) CD • CD Zj d f� I f V � < C ` 4� Start Feature 4 Intermittent/Perennial (36.099449,-77.604774) 41 Start Feature 5 Intermittent/Perennial a� t (36.096532,-77.604198) 5D lr eature5 y� ;' Feature �w Start Feature 6 Intermittent/Perennial t"^' (36.094961,-77.603796)Ilk A III wx ; vrrAli k , IlnciiSinn Fn\/PInnP In. F7777QFR_1QA7_A7FC_R7d7_FS;n5;nnn71Q7n I r RESTORATION SYSTEMS, LLC SCALE, t in= 500feet DEAD TREE DS ♦ 50 1101 HAYNES ST, SUITE 211 DATE: 04 - 2021 PHASE B (TAR-PAM 02)- Start Feature 8 RALEIGH, NC 27604 -- PHONE' 919.755.9490 SITE: Dead Tree OVERVIEW -FIGURE 2 5 14/2021 - d Intermittent/Perennial FAX 919.755.9492 (36.095076,-77.614100) ms- dalldatecnntznetl Th'a su laas'swithnowaaan.aesmraannsstemsuc Aerial Imagery: Coordinate System: - p an s pp ry y e�ressy disclaosrespons Ryfia aoagesorl'abilityfmmanyclao5thatmyarseoutoftbeuseo,iisuseoftli op. it is (c) services.nconemap.gov-2017 NAD 1983 SP NC FPS 3200 FL - the sale respons b ly of the user to determine f the data on this —p s comparable with the user's needs. Th s nap Feet - - no[ created as survey data nor sbeultl i[ be used as such It s tbe users respons b liry m obt a n proper survey - - tlata, preparetl by a licensetl surveyor, where required by law. 1 28 'a 0 160 320 640 960 � _ Start Feature 7 Intermittent/Perennial h Legend ♦ (36.096562,-77.609682)CD 60 a OSubject Fee -Simple Parcels aP TIN IN 1ar-Pam 01-02 Dividing 8-Digit HUC Line (Based on ♦ �, QL2-LiDAR)� a, �, 1-ft Contours (QL2 LiDAR) a Phase B (Tar -Pam 02) - DWR Stream Origin Points -. (Per Signed Letter) ' OPhase B (Tar -Pam 02) -Proposed Easement for Viability � Assessment : +/- 220.87 acres • Phase B (Tar -Pam 02) Features - Intermittent/Perennial Ephemeral , ;. p ,;r o9 p>: Ditch { 4` I f � ♦ ;tst : I" k ` Start Feature 9, o, I Intermittent/Perennial (36.090863,-77.611846), 7 J 10 'p e � _S 3 ' y ♦ • Start Feature 10 k c; e, ♦ : r Intermittent/Perennial x � " y �tt� €. (36.087900,-77.611353) �;" Start Feature 11 1, ."" Intermittent/Perennial * . ■ (36.086473,-77.612994) -. - ` _ Forested Appendix D: Conservation Easement Dead Tree Phase B Nutrient Offset and Buffer Mitigation Bank Parcel Appendix D: Conservation Easement As -built & Baseline Monitoring Report — September 2022 Pagel of 26 Type: CONSOLIDATED REAL PROPERTY Recorded: 4/5/2022 2:53:44 PM Fee Amt: $1,921.00 Page 1 of 26 Revenue Tax: $1,851.00 EDGECOMBE COUNTY, NORTH CAROLINA Vila R. Anderson Register of Deeds This certifies that there are no delinquent ad valorem real estaMl,, 754FhePG 1024 - 1049 Edgecombe County Tax Collector is charged with collecting, that are a lien on: Pin No. 48150796300 Excise Tax $ / &'9 5 /. °o PREPARED BY: Manning, Fulton & Skinner, PA (Joseph B. Bass III) — WITHOUT TITLE EXAMINATION BY MANNING FULTON RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Restoration Systems, LLC Attn: Mr. Barrett Jenkins 1101 Haynes St. Suite 211 Raleigh, NC 27604 PERMANENT CONSERVATION EASEMENT THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") is made this Z 76 day of March, 2022, by and between Eureka -Etheridge Farms, LLC, a North Carolina limited liability company (hereinafter referred to as "Grantor"), and Restoration Systems, LLC, a North Carolina limited liability company (hereinafter referred to as "Grantee"), The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns and shall include singular, plural, masculine, feminine, or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple approximately one hundred thirty-two and eighteen -hundredths (132,18) acres of real property situated, lying, and being in Edgecombe County, North Carolina, more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"), which such Property is located over and upon that certain larger tract of land owned in fee simple by Grantor and described on Exhibit B ("Grantor's Land"); WHEREAS, Grantee is a North Carolina limited liability company whose purpose is the conservation of property and who is qualified to be the grantee of a conservation easement under N.C. Gen. Stat.§ 121-35; submitted electronically by "Manning Fulton & skinner, P.A." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Edgecombe county Register of Deeds. Page 2 of 26 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: unnained tributaries, open field ditches, and the adjacent riparian resources and similar resources. The purpose of this Conservation Easement is to restore and maintain riparian resources, aquatic and ecological resources, and other natural values of the Property and to prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition; and WHEREAS, the preservation of the Property is required by Grantee's Dead Tree Umbrella Nutrient Offset Banking Instrument in the Tar -Pamlico River Basin (the "NOBI") (NCDWR # 2020-19370 that was approved by the North Carolina Division of Water Resources ("NCDWR") on November 10, 2021. The NOBI is between Grantee, acting as the "Bank Sponsor", and NCDWR. The use of the Property in accordance with this Conservation Easement is to restore the Property to a natural vegetated condition as provided in and specified in the Dead Tree A and B Bank Parcel Development Packages (the "BPDP") which was approved by NCDWR on November 16 and November 10, 2021. The approval of the NOBI and the BPDP allow Grantee to establish the Dead Tree A and B Bank Parcels on the Property (the "Mitigation Bank"). The Mitigation Bank is intended to provide nutrient offsets for impacts permitted by NCDWR due to development (both existing and proposed) within restricted areas of the Tar -Pamlico River Basin. Grantor and Grantee agree that third -party rights of enforcement shall be held by NCDWR, to include any successor agencies, and that such rights are in addition to, and do not limit, the rights of Grantee to comply with its NOBI. and its BPDP with the NCDWR. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors, and assigns, in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter- set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof and with a right of access, as follows: ARTICLE I. DURATION OF EASEMENT; AREA OF EASEMENT This Conservation Easement, including all appurtenant rights set forth herein, shall be perpetual. This Conservation Easement, including all appurtenant rights set forth herein, is an casement 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. 362814403B B.26275.T29798 Page 3 of 26 ARTICLE H. 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 impainnent of the natural features of the Property or any introduction of non-native plants or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard, or other- advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock, or any other temporary or pernYanent structure or facility on or above the Property. C. Industrial Commercial and Residential Use. Industrial, residential, and commercial activities, including any right of passage for such purposes, are prohibited. D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use on, over, upon, or within the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or mowing of trees, shrubs, or other vegetation from, on, or in the Property, except as provided in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable once a year for no more than five (5) consecutive years from the date on page I of this Property, except where snowing will negatively affect vegetation or disturb soils. Mowing activities shall only be performed by Grantee and shall not violate any part of Item L of Article 1.1 or extend beyond five (5) years from the date on page 1 of this Conservation Easement. F. Roads and Trails. There shall be no construction of roads, trails, or walkways on, over, or upon the Property nor enlargement or modification to existing roads, trails, or walkways. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing Arles and regulations for the use of the Property, or signs identifying Grantor as owner of the Property. 3628144v3.JBB.26275.T29798 Page 4 of 26 H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. 1. Excavation Dredgine, 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 Draina e Pattern. There shall be no diking, draining, dredging, channeling, tilling, leveling, pumping, impounding, or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within, or out of the Property by any means, removal of wetlands, polluting, or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred under a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars, and trucks is prohibited on, over, upon, or within the Property, other than for temporary or occasional access by Grantee, its employees, contractors, agents, successors, assigns, and NCDWR for purposes of constructing, maintaining, or monitoring the restoration of riparian areas within the Property. M. Other Prohibitions. Any other use of, or activity on, over, and upon, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems is prohibited. ARTICLE III. GRANTOR'S RESERVED RIGHTS Grantor expressly reserves for itself, its personal representatives, heirs, successors, and assigns, the right to continue the use of the Property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift, or otherwise convey the Property, in whole or in part, provided such sale, transfer, or gift 3628144v3.JBB.26275.T29798 4 Page 5 of 26 conveyance is subject to the terms of, and specifically references, this Conservation Easement. Notwithstanding the foregoing restrictions set forth in Article 11 above and otherwise in this instrument, Grantee reserves for itself acting as the Bank Sponsor, its successors and assigns, the right to construct a Mitigation Bank and to perform activities related to the restoration of riparian areas within the Property in accordance with the approved NOBI and corresponding BP.DP. ARTICLE IV. GRANTEE'S RIGHTS; ACCESS EASEMENT Grantee and its authorized representatives, employees, agents, successors, assigns, and NCDWR, shall have the right to enter the Property (including access over Grantor's Land) at all reasonable times for the purpose of inspecting said Property to determine if Grantor or its personal representatives, heirs, successors, or assigns are complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies and taking samples. The easement rights granted herein do not include public access. Accordingly Grantor hereby grants and conveys unto Grantee, its authorized representatives, employees, agents, successors, assigns, and NCDWR a perpetual, non-exclusive casement for ingress and egress over and upon Grantor's Land at all reasonable times and at the Iocation more particularly described on Exhibit A ("Access Easement") attached hereto and incorporated herein by this reference, to access the Property for the purposes set forth herein. This grant of casement shall not vest any rights in the public and shall not be construed as a public dedication of the Access Easement. Grantor covenants, represents, and warrants that it is the sole owner of and is seized of Grantor's Land in fee simple and has the right to grant and convey this Access Easement. ARTICLE V. ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Conservation Easement, Grantee and the NCDWR are allowed to prevent any activity, on or use of, the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of Grantee, Grantee shall notify Grantor in writing of such breach. Grantor shall have thirty (30) days after receipt of such notice to correct the conditions constituting such breach. 1f the breach remains uncured after thirty (30) days, Grantee may enforce this Conservation Easement by appropriate legal proceedings including claims for damages and injunctive and other legal and equitable relief Notwithstanding the 3628144v3.IBB.26275.T29798 5 Page 6 of 26 foregoing, Grantee reserves the immediate right, without notice, to obtain a temporary restraining order or injunctive or other appropriate relief if the breach of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. Grantor and Grantee acknowledge that tinder such circumstances damage to Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction, or restoration, including Grantee's expenses, court costs, and reasonable attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have the same right to enforce the terms and conditions of this Conservation Easement as Grantee. R No failure on the part of Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees, agents, contractors, or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property, or harm to the Property resulting from such causes. ARTICLE VI. MISCELLANEOUS A. Warranty. Grantor warrants, covenants, and represents that it owns the Property in fee simple, that Grantor owns all interests in the Property which may be impaired by the granting of this Conservation Easement, and that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor also warrants that Grantee shall have the use and enjoyment of all the benefits derived from and arising out of this Conservation Easement and that Grantor will warrant and defend title to the Property against the claims of all persons whatsoever. B. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. Grantor agrees to provide written notice of such transfer to Grantee at least thirty (30) days before the date of the transfer. Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified, or terminated without the prior written consent and approval of NCDWR. 3628144v3.lBB.26275.T29798 6 Page 7 of 26 C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable; provided, however, that Grantee hereby covenants and agrees that, in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34, et seq. and § 170(h) of the Internal Revenue Code, and Grantee also covenants and agrees that the 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. The combined NOBI with corresponding BPDP and this instrument set forth the entire agreement of the parties with respect to the Conservation Easement and supersedes prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor except those incurred after the date hereof and which are expressly subject and subordinate to the Conservation Easement. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve Grantor of the obligation to comply with federal, state, or local laws, regulations, and permits that may apply to the exercise of Grantor's reserved rights set forth in Article III. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the restrictions unposed 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. Ff. Eminent Domain Proceeds, This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this Conservation Easement at the time of this grant to the value of the Property 36281 A= 1v3JBB,2627s.T29798 Page 8 of 26 (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, under Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. 1, Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice in accordance with this Paragraph): Ta f rantar- Eureka-Etheridge Farms, LLC CIO Marvin E. Ward 218 Old Farm Road Roanoke Rapids, NC 27870-3219 To Grantee: Restoration Systems, LLC 1101 Haynes Street Suite 211 Raleigh, NC 27604 Attn: Mr. Barrett Jenkins To NCDEO TDWR: NCDEQ — Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 J. Failure of Grantee. 1f at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment in accordance with this Conservation Easement, then Grantee's interest shall become vested in another qualified ,grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended but only in a writing signed by all parties hereto and provided such amendment does not affect the qualification of this Conservation Easement or the status of Grantee under any applicable laws and provided such amendment is consistent with the conservation purposes of this grant. 3628144v3.JBB.26275.T29798 Page 9 of 26 L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in the BPDP, prepared by Grantee acting as the Bank Sponsor for the BPDP. The BPDP is acknowledged by Grantor to be complete and accurate as of the date hereof. Grantor has copies of the BPDP. The BPDP will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terns of this Conservation Easement. However, the BPDP is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. [Remainder of page left intentionally blank; signatures follow.] 3628144O.MB.2627S.T29798 9 Page 10 of 26 IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. GRANTOR: Eureka -Etheridge Farms, LLC, a North Carolina limited liability company By; 6, Wa.'-_ [SEAL] Name: arvin E. Ward Title: Manager - STATE OF NORTH CAROLINA COUNTY OF r 1C I, l C,ff/, a Notary Public of the aforesaid County and State, certify that Marvin E. Ward personally came before me this day and acknowledged that he or she is Manager of Eureka -Etheridge Farms, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of Eureka -Etheridge Farms, LLC, a North Carolina limited liability company, signed the foregoing instrrunent on behalf of Eureka -Etheridge Farms, LLC, a North Carolina limited liability company WITNESS my hand and official seal, this the day of , 20 NOTARY PUBLIC My Commission Expires: 3628144v3.7a13.26275.T29798 10 Page 11 of 26 THIS CONSERVATION EASEMENT AGREED AND ACCEPTED BY GRANTEE: Restoration Systems, LLC, a North Carolina limited liability company [SEAL] Name:`. Title STATE OF NONTH CAR LINA COUNTY OF VOT I certify that the following person personally appeared before me this day, acknowledging to me that sjgped the oregoingApcumenl as the duly authorized signatory for Restoration Sys W, hL C: X t l r IT my hand and official seal, this r day of .2 ®® 1 \Ss R/ d•■P /� ° T ? NOTARY ��77PUBLIC Cj .■• pt18 ■� M Commission Expires: 36281444.JBB.26775329798 11 Page 12 of 26 EXHIBIT A PROPERTY DESCRIPTION (CONSERVATION EASEMENT AND ACCESS EASEMENT DESCRIPTION) Conservation Easement Area 4 BEING ALL OF Conservation Easement Area 4 of the Dead Tree Site over a portion of the land of Eureka Etheridge Farms LLC (PIN No 4815079630) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 138 and being the northern most corner of the Conservation Easement Area 4 and being located South 52°54'20" East 57T03 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 138), South 55°56'14" East 172.77' to an iron stake; thence North 40°25'32" East 30.19' to an iron stake; thence North 40°25'32" East 30.19' to an iron stake; thence North 55'56'14" West 154.45' to an iron stake; thence North 51 °00'45" East 168.97' to an iron stake; thence North 6495'50" East 147,60' to an iron stake; thence North 38°08'25" East 49.34' to an iron stake; thence North 10°48'30" East 87.49' to an iron stake; thence North 19'1 F51" East 98.99' to an iron stake; thence North 29°40'40" East 165.15' to an iron stake; thence North 18°45'01" East 433.19' to an iron stake; thence North 29'05' 16" East 58.21' to an iron stake; thence North 39°50'12" East 4092' to an iron stake; thence North 50°07'41" East 57.68' to an iron stake; thence North 60°58`51" East 108.80' to an iron stake; thence North 66°45'39" East 32.12' to an iron stake; thence North 77' 10' 16" East 35.97' to an iron stake; thence North 87' 11' l2" East 36.19' to an iron stake; thence South 82025'49" East 30.62' to an iron stake; thence South 74°21'28" East 36.06' to an iron stake; 3623144v3.IHS.26275.T29798 Page 13 of 26 thence South 63°51'49" East 31.14' to an iron stake; thence South 54°29'30" East 39.46' to an iron stake; thence South 43'11'41" East 42.87' to an iron stake; thence South 30°04'07" East 38.12' to an iron stake; thence South 21 °28'23" East 49.21' to an iron stake; thence South 06°40'30" East 62.73' to an iron stake; thence South 12°47'27" West 49.40' to an iron stake; thence South 23011'55" West 47.60' to an iron stake; thence South 38017125" West 50.43' to an iron stake; thence South 50'15'01" West 34.21' to an iron stake; thence South 60'05'11" West 43.86' to an iron stake; thence South 17°20'39" West 363.40' to an iron stake; thence South 28°33'02" West 198.34' to an iron stake; thence South 13°17'29" West 184.63' to an iron stake; thence South 30°41'07" West 82.67' to an iron stake; thence South 38°26'01" West 103.06' to an iron stake; thence South 44°3223" West 91.7 i' to an iron stake; thence South 60' 18'22" West 72.55' to an iron stake; thence South 66°21'10" West 89.42' to an iron stake; thence North 55°56'14" West 171.35' to an iron stake; thence South 37°03'39" West 29.83' to an iron stake; thence South 37°03'39" West 30.25to an iron stake; thence South 55°56' 14" East 154.82' to an iron stake; thence South 39°29'59" West 41.93' to an iron stake; thence South 05°55'05" East 143.t2' to an iron stake; thence South 20°05'39" East 88.31' to an iron stake; thence South 08°31'19" East 114.51' to an iron stake; thence South 01°07'45" West 355.31' to an iron stake; thence South 30°53'40" West 252.51' to an iron stake; thence South 32°23'33" West 118.27' to an iron stake; thence South 26°04'46" West 207.69' to an iron stake; thence North 51 °57' 12" West 69.32' to an iron stake; 3628 (4401BB.26275.T29798 Page 14 of 26 thence North 27° 16`52" West 57.55' to an iron stake; thence North 85°42'32" West 168.22' to an iron stake; thence South 85°30'15" West 107.97' to an iron stake; thence South 88°04'23" West 187.17' to an iron stake; thence North 88°58'00" West 108.31' to an iron stake; thence North 78° 14'36" West 43.67' to an iron stake; thence North 62°43'07" West 45.29' to an iron stare; thence North 52°29'33" West 46.10' to an iron stake; thence North 46°43'49" West 363.76' to an iron stake; thence North 42'49' 15" East 91.53' to an iron stake; thence North 32°3822" East 86.00' to an iron stake; thence North 18°21'06" East 131.42' to an iron stake; thence North 16°02'37" East 126.67' to an iron stake; thence South 54°07'30" East 72.12' to an iron stake; thence South 47°26'13" East 343.44' to an iron stake; thence North 83 ° 18'38" East 84.95' to an iron stake; thence North 85°47'27" East 229.44' to an iron stake; thence South 86°55'21" East 80.85'to an iron stake; thence North 00°26'44" West 111.64' to an iron stake, thence North 03 ° 18'07" East 117.56' to an iron stake; thence North 00'25'11" East 94.79' to an iron stake; thence North 14°02'28" West 183.87' to an iron stake; thence North 02°06'50" West 117.89' to an iron stake; thence North 15°48'00" West 116.63' to an iron stake; thence North 02°03'36" East 60.37' to an iron stake; thence Not 16°31'33" East 41.20' to an iron stake; thence North 30°28'41" East 105,42' to an iron stake; thence North 50' 11'30" East 41.40' to an iron stake; which is the point of beginning, having an area of 34.77 acres, more or less. Conservation Easement Area 5 3 628144v3 JB B .26275.T29798 Page 15 of 26 BEING ALL OF Conservation Easement Area 5 of the Dead Tree Site over a portion of the land of Eureka Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 199 and being located South 73°22'02" East 1581.43 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD'83, 2011). Thence from the Point of Beginning (Point No. 199), North 52° 1.6'S9" East 76.01' to an iron stake; thence North 69°02'57" East 175.59' to an iron stake; thence North 78°57'42" East 233.49' to an iron stake; thence North 79°4F0I" East 191.46' to an iron stake; thence North 77° 13'46" East 66.0l' to an iron stake; thence North 84°13'44" East 87.98' to an iron stake; thence South 89°40'41" East 154.52' to an iron stake; thence South 86°42`45" East 166.5l' to an iron stake; thence South 00°03'41" East 252.36' to an iron stake; thence South 63°59'l4" West 147.03' to an iron stake; thence South 00'18'46" West 174.04' to an iron stake; thence North 80°4259" West 45.74' to an iron stake; thence North 63 ° 19' 16" West 97.63' to an iron stake; thence North 87°18'49" West 148.17' to an iron stake; thence South 80°09'59" West 330.37' to an iron stake; thence South 71'39'31" West 168.27' to an iron stake; thence South 84°26' 12" West 67.16' to an iron stake; thence North 78°23'55" West 66.91' to an iron stake; thence North 59'37'15" West 72.95' to an iron stake; thence North 38° 14'27" West 83 44' to an iron stake; thence North 14°30'01" West 78.01' to an iron stake; thence North 06°00'32" East 82.92' to an iron stake; thence North 29°44'02" East 84.57' to an iron stake; which is the point of beginning, having an area of 10.80 acres, more or less. Conservation Easement Area 6 BEING ALL OF Conservation Easement Area 6 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 222 and being the western most corner of the Conservation Easement Area 6 and being located South 56°40'27" East 2265.17 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, 3628144O.M.26275.T29798 Page 16 of 26 E=2,410,093.231 (NAD'83, 2011). Thence from the Point of Beginning (point No. 222), North 25° 16'28" East 102.90' to an iron stake; thence North 37°56'23" East 72.75' to an iron stake; thence North 51 °08'36" East 171.30' to an iron stake; thence North 44°26'09" East 130.93' to an iron stake; thence North 63°28'34" East 162.1 P to an iron stake; thence North 70' 15' 11 " East 75.54' to an iron stake; thence North 84' 15'44" East 164.10' to an iron stake; thence North 88°25'01" East 347.15' to an iron stake; thence South 00°08'14" East 180.34' to an iron stake; thence South 89°44'15" East 56.86' to an iron. stake; thence South 56°00'13" East 90.04' to an iron stake; thence North 72°24'27" East 112.01' to an iron stake; thence North 47°22'30" East 133.31' to an iron stake; thence North 16'1702" East 298,25' to an iron stake; thence North 31°55'22" East 237.48' to an iron stake; thence South 87°42'31" East 83.06' to an iron stake; thence North 56'00'11" East 459.57' to an iron stake; thence South 39°38'32" East 264.93' to an iron stake; thence South 51 °44'59" West 51.58' to an iron stake; thence South 67°20'26" West 58.13' to an iron stake; thence South 52°14'48" West 118.24' to an iron stake; thence South 55°03'38" West 208.71' to an iron stake; thence South 62'58'17" West 115.1.8' to an iron stake; thence South 24° 10'49" West 215.52' to an iron stake; thence South 20°00'22" West 111.13' to an iron stake; thence South 30°21'04" West 79.37' to an iron stake; thence South 37'54' 19" West 86.47' to an iron stake; thence South 51'11'45" West 130.13' to an iron stake; thence South 63°21'14" West 92.24' to an iron stake; thence South 72°42'34" West 70.09' to an iron stake; thence South 78°02'25" West 54.04' to an iron stake; thence North 87' 15'29" West 92.73' to an iron stake; thence North 72°58'27" West 125.37' to an iron stake; thence South 77°59'32" West 83.87' to an iron stake; thence North 82°57'07" West 72.16' to an iron stake; thence South 71 °43'22" West 119.57' to an iron stake; thence South 83°48'48" West 96.66' to an iron stake; thence South 89°33'57" West 103.13' to an iron stake; thence South 46°47'46" West 105.75' to an iron stake; thence South 52°30'01" West 107.07' to an iron stake; thence South 2591'33" West 102.74' to an iron stake; thence North 56°26'53" West 419.35' to an iron stake; which is the point of beginning, having an area of 19.11 acres, more or less. 36281440.11313.26275129798 Page 17 of 26 Conservation Easement Area 7 BEING ALL OF Conservation Easement Area 7 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 321 and being the southwestern most corner of the Conservation Easement Area 7 and being located North 82°2I'l6" East 1913.41 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD'83, 2011). Thence from the Point of Beginning (Point No. 321), North 28°39' 15" East 183.15' to a non- monumented corner; thence North 31 °34`54" East 219.57to a non-monumented corner; thence North 47°01' 17" East 31.32' to a non-monumented corner; thence North 56°32'48" East 34.96' to a non-monumented corner, thence North 67°35'33" East 118.87' to a non-monumented corner; thence North 73°06'05" East 43.00' to a non-monumented corner; thence North 66°15'17" East 265.16' to a non-monumented corner; thence North 45'17'49" West 142.16' to a non-monumented corner; thence North 43°21144" West 22.37' to a non-monumented corner; thence North 39'16'27" West 53.77' to an iron stake; thence North 61°27'09" East 15.57' to an iron stake; thence North 61 °27'09" East 201.82' to an iron stake; thence North 30' 15'53" East 75.93' to an iron stake; thence North 49°39'01 " East 41.30' to an iron stake; thence North 54' 16' 12" East 81.16' to an iron stake; thence North 64' 11' 10" East 62.20' to an iron stake; thence North 65'52'13" East 117,85' to an iron stake; thence North 42°02'57" East 89.43' to an iron stake; thence North 52°23'38" East 48.65' to an iron stake; thence North 64°51'03" East 61.28' to an iron stake; thence North 74°25'39" East 49.47' to an iron stake; thence South 88°36'59" East 53.92' to an iron stake; thence South 75°06'00" East 46.08' to an iron stake; thence South 64°32'57" East 203.6l' to an iron stake; thence South 72°05'50" East 248.22' to an iron stake, thence South 67°10'44" East 114,14' to an iron stake; thence South 53°50'09" East 152.25' to an iron stake; thence South 42°55'26" East 208.40' to an iron stake; thence South 38°3 F0I" East 48.93' to an iron stake; thence South 27°54'23" East 84.57' to an iron stake; thence South 50°22'58" East 60.85' to an iron stake; thence South 29' I 6'35" East 145.74' to an iron stake; thence South 25°44'33" East 113,81' to an iron stake; 3628144IJ13r3.26275 J29798 Page 18 of 26 thence South 05'48'33" East 56.41' to an iron stake; thence South 56°5536" East 96.18' to an iron stake; thence South 63°00' 16" East 79.67' to an iron stake; thence South 58°50'25" East 132.10' to an iron stake; thence South 43°52'41" East 62.06' to an iron stake; thence South 55°20'42" West 250.90' to an iron stake; thence North 59°05'02" West 333.04' to an iron stake; thence North 22'1 F05" West 268.24' to an iron stake; thence South 75°46'33" West 196.98' to an iron stake; thence North 44°37'05" West 73.66' to an iron stake; thence North 27°00'09" West 101.7l' to an iron stake; thence North 47°28'45" West 59.60' to an iron stake; thence North 43°2249" West 47.77to an iron stake; thence North 37106'01" West 51.81' to an iron stake; thence North 49°46'58" West 46.25' to an iron stake; thence North 72' 14' 19" West 142.85' to an iron stake; thence North 80°43'18" West 71.07' to an iron stake; thence North 65°43'24" West 167.22' to an iron stake; thence South 53°23'53" West 44.55' to an iron stake; thence South 65°46'32" West 169.54' to an iron stake; thence South 36°28' 18" West 1.20.75' to an iron stake; thence South 44°00'03" West 42.24' to an iron stake; thence South 55°59'32" West 42.62' to an iron stake; thence South 68°20'04" West 101.9l' to an iron stake; thence South 56°43'41" West 85.76' to an iron stake; thence South 65°49'24" West 150.91' to an iron stake; thence South 66°44'04" West 214.49' to an iron stake; thence South 71 °23'48" West 56.05' to an iron stake; thence South 32°26'23" West 169.92' to an iron stake; thence South 40° 11'42" West 42.50, to an iron stake; thence South 46°27'14" West 48.38' to an iron stake; thence South 59°59'51" West 47.9l' to an iron stake; thence South 73'03' 17" West 46.46' to an iron stake; thence South 86007'40" West 48.90' to an iron stake; thence North 60°28'12" West 87.14' to an iron stake; which is the point of beginning, having an area of 24.38 acres, more or Iess. Conservation Easement Area 8 BEING ALL OF Conservation Easement Area 8 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (P1N No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 324 and being the southern- most corner of the Conservation Easement Area 8 and being located North 66°50'31 " East 3628144 v3 JBB.26275.T29798 Page 19 of 26 2515.74 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD ' 83, 2011). Thence from the Point of Beginning (Point No. 324), North 53°28'51" West 209.11' to an iron stake; thence North 29°43'48" West 79.20' to an iron stake; thence North 16°19'58" West 246.94' to an iron stake; thence North 42°01'55" East 294.37' to an iron stake; thence North 31 °42'05" West 86.72' to an iron stake; thence North 44°10'l4" East 54.76' to an iron stake; thence North 50°.14'07" West 126.07' to an iron stake; thence North 50°17'25" East 61.08' to an iron stake; thence North 29°27'30" East 43.07` to an iron stake; thence North 42°52'57" East 56.13' to an iron stake; thence North 58°56'45" East 56.54' to an iron stake; thence North 00°53'59" East 99.49' to an iron stake; thence North 17°33'54" East 151.87' to an iron stake; thence North 31 °40'32" East 57.53' to an iron stake; thence North 13°33'21" East 130.23' to an iron stake; thence South 72°16'38" East 267.04' to an iron stake; thence South 16°36'38" West 365.60' to an iron stake; thence South 69°56' 19" East 199.61' to an iron stake; thence South 02°27'33" West 113.30' to an iron stake; thence South 20°28'03" West 52.63' to an iron stake; thence South 31 °57'41 " West 47.88' to an iron stake; thence South 49°03'28" West 107.56' to an iron stake; thence South 59°36'42" West 65.21' to an iron stake; thence South 54°27`44" West 134.4l' to an iron stake; thence South 38°5T15" West 200.48' to an iron stake; thence South 16°43'22" East 80.85' to an iron stake; thence South 56°45'45" East 97.56' to an iron stake; thence South 44'29' 19" East l 67.51' to an iron stake; thence South 61°27'09" West 195.42' to an iron stake; thence South 61 °27'09" West 51.61' to an iron stake; which is the point of beginning, having an area of 10.60 acres, more or less. Conservation Easement Area 9 BEING ALL OF Conservation Easement Area 9 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815079630) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 371 and being located South 09°23'53" East 2332.14 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,4019790, E=2,410,093.231 (NAD ' 83, 2011). 3628144O.M.26275729798 Page 20 of 26 Thence from the Point of Beginning (Point No. 371), South 31°38'22" West 588.64' to an iron stake; thence North 29°30'37" West 23.38' to an iron stake; thence South 67°33'30" West 360.65' to an iron stake; thence South 70°48'28" West 62.32' to an iron stake; thence South 83°10'41" West 57.00' to an iron stake; thence South 89°44'55" West 39.58' to an iron stake; thence North 85'35' 11" West 284.88' to an iron stake; thence North 86'26'16" West 192,03' to an iron stake; thence North 82°55'57" West 107.24' to an iron stake; thence North 70°33'36" West 154.97' to an iron stake; thence North 19°57' 16" East 181.00' to an iron stake; thence North 29°00'21" East 205.69' to an iron stake; thence South 89° 19' 19" East 660.32' to an iron stake; thence North 83°50'17" East 128.99' to an iron stake; thence North 61°56'01" East 97.78' to an iron stake; thence North 50' 11 40" East 6I.02' to an iron stake; thence North 29'03'17" East 42.78' to an iron stake; thence North 68°58'27" East 24.93' to an iron stake; thence North 73°52'15" East 50.15' to an iron stake; thence North 81 °52' 12" East 31.30' to an iron stake; thence North 87°38'25" East 47.44' to an iron stake; thence South 86'11'09" East 25.45' to an iron stake; thence South 79°19'38" East 34.45' to an iron stake; thence North 599745" East 79,84' to an iron stake; thence North 63°41'35" East 25.85, to an iron stake; thence North 70°38'28" East 25.53' to an iron stake; thence North 77°50'57" East 55.67' to an iron stake; thence North 4796'46" East 26.80' to an iron stake; thence South 3896'31" East 54.13' to an iron stake; which is the point of beginning, having an. area of 12.98 acres, more or less. Conservation Easement Area 10 BEING ALL OF Conservation Easement Area 10 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North. Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 371 and being the northern most corner of the Conservation Easement Area 10 and being located South 09123'53" East 233114 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 371), South 3896'31" East 381.20' to an iron 36281440.111H.26275.T2979S Page 21 of 26 stake; thence South 59° 14'46" West 268.45' to an iron stake; thence South 02°07'29" East 267.79' to an iron stake; thence North 89°30'59" West 122.99' to an iron stake; thence North 76°11'44" West 44.69' to an iron stake; thence North 59'02'10" West 47.58' to an iron stake; thence North 47°03'01" West 51.47' to an iron stake; thence North 34°39' 14" West 45.80' to an iron stake; thence North 29°30'37" West 108.08' to an iron stake; thence North 31°38'22" East 588.64' to an iron stake; which is the point of beginning, having an area of4.15 acres, more or less. Conservation Easement Area 11 BEING ALL OF Conservation Easement Area 11 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Fanns LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 396 and being the northern most corner of the Conservation Easement Area 1 I and being located South 01 °51'45" East 3450.10 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,4019790, E=2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 396), South 33°05'31" East 178.99' to an iron stake; thence North 62°46'43" East 279.60' to an iron stake; thence South 02°44'31" West 270.8F to an iron stake; thence South 64°3 VI 6" West 71.41' to an iron stake; thence South 59°47' 19" West 79.35' to an iron stake; thence South 61 °49' 14" West 236.17' to an iron stake; thence North 62°46'41" West 229.99' to an iron stake; thence North 62°44'30" West 243.93' to an iron stake; thence North 375629" East 56.78' to an iron stake; thence North 56°22'09" East 55.98' to an iron stake; thence North 62°21'49" East 392.43' to an iron stake; which is the point of beginning, having an area of 4.80 acres, more or less. Conservation Easement Area 12 BEING ALL OF Conservation Easement Area 12 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecornbe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): 3628 (44v3.JBB.26275.T29798 Page 22 of 26 Beginning at an iron stake (Point of Beginning) labeled as Point No. 420 and being located South 04°56'46" East 3984.00 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD '83, 201.1), Thence from the Point of Beginning (Point No. 420), North 77°40'01" East 74.37' to an iron stake; thence South 77°35'33" East 29.72' to an iron stake; thence South 77°3533" East 3694' to an iron stake; thence South 65°00'41" East 63.50' to an iron stake; thence South 46°35'26" East 75.99' to an iron stake; thence South 20°35'36" East 125.87' to an iron stake; thence South 170640" East 131.88' to an iron stake; thence South. 06°56'49" East .176.56' to an iron stake; thence South 03°36'53" East 194.14' to an iron stake, thence South 05°39'27" West 474.15' to an iron stake; thence North 82°42'37" West 414.47' to an iron stake; thence North 06°10'43" East 430.06' to an iron stake; thence North 05°02' 14" West 273.97' to an iron stake; thence North 199654" West 197,39' to an iron stake; thence North 00°47'34" East 59.75' to an iron stake; thence North 15' 16'30" East 60.40' to an iron stake; thence North 37°00'37" East 88.35' to an iron stake; thence North 61 °51' 19" East 73.47' to an iron stake; which is the point of beginning, having an area of 10.59 acres, more or less. ALL OF THE FOREGOING CONSERVATION EASEMENT AREAS as shown on plat of survey titled "Conservation Easement for Restoration Systems, LLC, over a Portion of the Lands of Barnes per D.B. 1677, Pg. 546 (P1N: 4805-77-7202), and Also, Craven, Kimball & Harris per D.B. 1199 P& 287 (PIN; 4805-86-7153), and Also, Eureka Etheridge Farms, LLC per D.B. 1592, Pg. 804, Tracts 1, 2 & 3 (PIN(S): 4815-07-9630 & 4815-37-7393), No. 6 Township, Edgecombe County, North Carolina" dated February 5, 2022, by K2 Design Group, and recorded in Plat Cabinet 13, Pages 219 through 223, Edgecombe County Register of Deeds. AND ALL SUCH CONSERVATION EASEMENT AREAS TOGETHER WITH those certain new non-exclusive access easements labeled as "Access Easement 3", "Access Easement 4", "Access Easement 6", "Access Easement 7", "Access Easement 8", "Access Easement 9", "Access Easement 10", "Access Easement I I ", and "Access Easement 12", all for ingress, egress, and regress and all as shown and more particularly described on the foregoing described plat of survey recorded in Plat Cabinet 13, Pages 219 through 223, Edgecombe County Register of Deeds. l 1 Access Easement 5 was intentionally omitted. 3 6281440 J13B.26275.T29798 Page 23 of 26 EXHIBIT B GRANTOR'S LAND DESCRIPTION OVER WHICH THE PROPERTY (CONSERVATION EASEMENT) IS LOCATED Eying and being situate In Edgecombe County, NC, and being more particularly described as follows: TRACT I. - That certain tract or parcel of land In No. 6 Township, Edgecombe County, North Carolina, situate on the northern side of N.C. State Road 1423 near Its intersection with N.G. Highway 44, mounded on the North by Tracts Nos. 2 and 5 of Etheridge Division, on the East by Tract No. 5, on the South by N.C. State Road 1423 and Tract No. 6 and on the West by Tracts Nos. 2 and 3 of said Division, and being more particularly described as follows: BEGINNING at a point In the center line of the N.C. State Road 1423, said point being a corner of Tract No. 3 and in the line of Tract No. 6 of the Etheridge Division, said point also being the following courses and distances. as measured along the center line of N.C. State Road 1423, In an eastern direction, from the point of intersection of the center line of N.C. State Road 1423, if extended, with the center line of N.C. Highway 44; South 84 deg. 35 min. East 1110.1 feet, South 84 deg. 35 min. fast 113.0 feet, South 68 deg. 38 min. East 1494.9 feet, South 68 deg. 38 min. East 306.9 feet, South 58 deg. 36 min. East 231.5 feet to the beginning point, thence from the point of beginning, with the line of Tract No. 3 of this Division, and also the center of a farm road North 23 deg. 48 min. East 613.2 feet, North 34 deg. 20 min. East 250.0 feet, North 28 deg. 21 min. East 1040.9 feet, North 49 deg. 34 min. East 224.3 feet, North 32 deg. 02 min. East 100.00 feet, North 20 deg.10 min. East 597.6 feet, North 21 deg.18 min. East.703.9 feet, North 19 deg. 26 min. East 53%8 feet, North 21 deg. 30 min. fast 445.0 feet, North 4 deg. 22 min. East 100.0 feet to an Iron pipe at the northeast comer of Tract No. 3, thence continuing with center of said farm road North 5 deg. 40 min. West 200.0 feet to an iron pipe, thence North 10 deg. 44 min. East 100.0 feet to an Iron pipe, thence North 19 deg.10 min. East 240.0 feet, North 51 deg.13 min. East 100.0 feet, North 74 deg.17 min. East 100.0 feet, North 75 deg. 36 min. East 100.0 feet, North 46 deg. 42 min. fast 100.0 feet, North 18 deg. 06 min. East 250.0 feet, North 28 deg.16 min. East 165A feet, North 44 deg. 52 min. East 50.0 feet, North 61 deg. 32 min. East 50.0 feet to an iron pipe and North 85 deg. 46 min. East 88.0 feet to an iron pipe, a corner of Tract No. 5, thence continuing along the center of said faun road and with the line of Tract No. 5, South 67 deg. 39 mirk. East 300.0 feet to an iron pipe, South 74 deg, 47 min. East 100.0 feet, South 78 deg. 56 min. East 100:0 feet, South 82 deg.14 min. East 100A feet, South 84 deg. 42 min. Last 100.0 feet, North 88 deg. 39 min. East 136.2 feet to an Iron pipe and South 46 dog.15 min. East 320.0 feet to an iron pipe in said farm road, thence leaving said road and continuing with the fine of Tract No. 5, South 34 deg. 47 min. West 537.4 feet, South 29 deg.18 ruin. East 280.0 feet, South 23 deg. 03 min. East 260.0 feet, and South 53 deg. 05 min. East 285.0 feet to an Iron pipe In the center of another farm road, thence with the center of said other farm road, and continuing with the line of Tract No. S. South 41 deg. 20 min. West 259.6 feet to an iron pipe, thence South 32 deg. 56 min. West 390.0 feet, thence South 34 deg. 58 min. West 500.0 feet, South 35 deg. 05 min. West 600.0 feet, South 36 deg. 55 min. west 200.0 feet, South 34 dog. 06 min. West 400.0 feet, South 33 deg. 41 min, West 300A feet, South 35 deg. 39 min. West 250.0 feet, South 31 deg. 00 min. West 200.0 feet, South 33 deg. 39 min. West 400.0 feet and South 34 deg. 17 min. West 117.0 feet to an iron pipe in the intersection of two farm roads, thence South 35 deg. 45 min. West 16"1 feet to a point in the center of N.C. State Road 1423, also a comer of tract No. 5 in the line of Tract No. 6, thence along and with the center of N.C. State Road 1423 and the time of Tract No. 6. North 58 deg. 36 min. West 968.0 feet to the point of ginning, and Ming Tract No. 4 of the Etheridge Division, containing 189.67 acres, Including .67 acre in the right of way of N.C. State Road 1423, and being on map entitled "Plat !division of the 'Eureka Farm' belonging to Heirs: of Claude Etheridge, No. 6 Township, Edgecombe County, N.C., Scale 1" = 660', December 8,1979", made by Cyril C. Waters, Registered Surveyor, Roanoke Rapids, N.C., to which map reference Is hereby made, 3528144v3JBB.26275.T29798 Page 24 of 26 TRACT 2: That certain tract or parcel of land in No. 6 Township, Edgecombe County, North Carolina, situate on the northern side of N.C. State Road 1423, near its intersection with N. C. Highway 44, hounded on the North by Fishing Cree3 , on the East by Fishing Creek, the Staton land and "tract No. 6 of the Etheridge Division, on the South by Tract No. 6, the Melvin H. Smiley and Mary E. Smiley Horne Lot and N.C. State Road 1423, and on the west by Tracts Nos. 4 and 2 of said Division, beginning at a point in the center of State Roar! 1423, at the southeastern corner of Tract No. 4 in the line of Tract No. 6, ,said point also being the following courses and distances, as measured along the center line of N.C. State Road 1423, in an eastern direction, from the point of intersection of the center line of N.C, State Road 1423, if extended, with the center line of N.C. Highway 44; South 84 deg. 35 min. East 1110.1 feet, South 84 deg. 35 min. East 113 feet, South fib deg. 38 min. East 1494.9 feet, South 68 deg. 38 min. East 306.9 feet, South 58 deg. 30 min. East 231.E feet and South 56 deg. 36 min. East 9i"i8.0 feet to the beginning point, thence from the point of beginning with the line of Tract No. 4, forth 35 deg. 45 ruin. East 1664A feet to an iron pipe at the intersection of two farm roads, thence along and with the center of a farm road, and the line of Tract No. 4, North 34 deg, 17 min. East 117.0 feet, north 33 deg. 39 min. East 400.0 feet, North 31 deg. 00 min. East 200.0 feet, North 35 deg. 39 min. East 250.0 feet, North 33 dog. 41 min. East 300.0 feet, North 34 deg. 06 min. East 400.0 feet to an iron at the intersection of two faun roads, thence continuing along and with the center of a farm road, North 36 deg. 55 ruin. East 200.0 feet, North 35 deg. 05 min. East 600.0 feet, North 34 deg. 58 min. East 500.0 feet, North 32 deg. 56 min. East 390,0 feet to an iron pipe, thence North 41 deg. 20 min. East 269.6 feet to an iron pipe, thence leaving said farm road and continuing with the line of Tract No. 4, North 53 deg, 05 min. West 285.0 feel North 23 deg. 03 rain:. West 260.0 feet, North 29 dog.18 min. West 280,0 feet, and North 34 deg. 47 min. East 537.4 feet to an iron pipe In the center of a farm road, thence with the center of said farm road North 46 dog. IS min. West 320.0 feet to an iron pipe, South 88 deg. 39 min, West 136.2 feet, North 84 deg. 42 min. West 100.0 feet, North 82 deg.14 rain. West 100.0 feet, North 78 deg. 56 ruin. West 100 feet, North 74 deg. 47 min. West 100.0 feet to an iron pipe and North 67 deg. 39 min. West 300.0 feet to an iron pipe at the Intersection of two farm roads, In the fine of Tract No. 2, thence along and with the center of a farm road and the line of Tract No. 2, North 37 deg. 45 min. East 271.5 feet to an iron pipe, North 27 deg. 01 min. East 162.0 feet, North 21 deg. 40 ruin. East 137.4 feet, North 84 dog. 48 min. East 100.0 feel. South 83 deg. 51 ruin. East 174.0 feet, North 55 deg. 34 min. East 50.0 feet, North 26 deg. 41 ruin. East 100.0 feet, North 01 deg. 32 min. West 141.7 feet, North 30 deg. 25 min. Last 105.8 feet North 15 deg. 00 min. East 100.0 feet. North 16 deg. 02 min. West 149.6 feet and North 2 deg. 06 min. West 714 feet, leaving said road and through a stake on the southern bank, to a point In the center of fishing Creek, thence along, with, and down the appmxlmate center of Fishing Creek as It flows on the southeastern direction toward Tar River the following courses and distances: North 31 deg. 05 min. East 485 feet, South 73 deg. 30 min. East 175 feet, South 12 deg. 40 min. East 155 feet, South 9 deg, 30 min. West 240 feet, South 45 deg. 35 min. East 200 feet, South 13 dog. 10 min. West 185 feet, South 34 deg. 50 min. West 225 feet, South 36 deg. 05 min. East 125 feet, South 86. deg. 30 min. East 305 feet, South 56 deg. 10 min. East 160 feet, South 18 deg.15 rain. East 220 feet, South 48 deg. 20 ruin. East 135 feet, North 78 deg. 55 min. East 186 feet, North 89 deg. 30 min, East 290 feet, South 58 deg. 30 min. East 195 feet, South 7 deg. 10 min. East 50 feet, South 4 deg. 05 rnin. West 135 feet, South 5 deg. 40 min. East 125 feet, South 74 deg. 05 min. East 490 feet, South 28 deg. 55 min. East 190 feet, South 45 deg. 55 min. East 540 feet, South 88 deg. 05 min. East 290 feet. South 3 deg-15 miry. West 150 feet South 38 dog. 40 min. West 225 feel, South 49 deg. 35 min. West 195 feet, South 23 deg. 05 min, West 95 feet, South 45 deg. 40 min. Fast 140 feat, North 80 deg. 35 min. East 445 feet, North 58 deg. 30 min. East 170 feet, North 19 deg. 56 min. East 245 feet, North 10 deg. 20 min. East 345 feet, North 12 dog. 10 min. West 270 feet, North 14 deg. 25 min. East 340 feet, North 89 deg. 05 min. Fast 170 feet, South 21 deg. 05 ruin. East 405 feet, Smyth 62 deg. 40 min. East 295 feet, South 21 deg. 05 ruin. East 90 feet, South 34 deg. 50 min West 140 feet, South 55 deg, 10 rain. West 225 feet, South 36 deg. 50 min. East 155 feet and North 84 deg. 00 min. East 660 feet to a point on the southern bank of Fishing Creek, also a corner of the Staton Land, thence with the Staton Line, also a ditched out branch, South 22 deg. 55 min. West 355 feet, South 17 deg. 55 min. Fast 80 feet, South 6 dog. IS min. East 290.5 feet to a point In the center of said branch, also a corner of Tract No. 6, thence: with the line of Tract No. 6. South 3628144v3.7BB.26275729798 Page 25 of 26 85 deg.15 min. West 1771.3 feet to an iron pipe, thence South 16 deg. 56 min. West 355.7 feet to an iron pipe, North 71 deg. 48 min. West 232.8 feet, North 53 deg. 28 min. West 100.0 feet, and North 36 deg.12 min. West 600.0 feet to an iron pipe, thence South 46 deg. 00 min. West 67.5 feet, to an Iron pipe, South 17 deg. 21 min. East 155.6 feet, South 37 dog.12 min. West 170.4 feet, North 87 deg. 21 min. West 261 feet, South 77 deg. 55 min. West 220 feet, South 4 deg. 35 min. East 440 feet, South 45 deg. 40 min. West 195 feet, South 69 deg. 55 min. West 295 feet, North 78 deg.10 min. West 215 feet, South 58 deg.15 min. West 230 feet, South 78 deg. 40 min. West 225 feet, South 57 deg. 05 min. West 95 feet, South 43 deg. 21 min. fast 245 feet, South 77 deg, 54 min. East 334 feet, South 70 deg.19 min. fast 169A feet. South 9 deg. tit min. West 193.5 feet, South 8T deg. 35 min. West 3ftti feet, South 73 deg. 55 min. West 146.5 feet, South 47 deg. 47 min. East 166.5 feet, South 53 deg. 53 min. Vilest 200 feet along a ditch, thence South 29 deg. 59 min. West 164.3 feet to an iron pipe in the center of a farm road, thence with the center of the farm road South 52 deg. 02 min. East 481.0 feet to a point in said road, thence with a pasture fence, South 64 deg. 20 min. West 608.1 feet to a fence post. thence South 25 deg. 48 min. West 326.0 feet, South 60 deg. 05 min. West 158.0 feet to an Iron pipe, thence South 77 deg. 24 min. West 980.3 feet to an Iron pipe, thence South 54 deg. 28 min. West 130.1 feet to an iron pipe, thence South 4 deg. 04 min. West 37.5 feet to a point In the line of the home [at of Melvin H. Smiley and wife, Mary E. Smiley, thence with said lot line North 84 deg_ 03 min. West 253.6 feet to an Iron pipe, South 1 deg. 59 min. West 484.4 feet to an iron pipe, South 80 deg.19 min. East 126.3 feet to a point in the center of 20 feet wide farm road running from the Smiley home lot to N.C. State Road 1423, thence with the center of said road South 6 deg. 31 min. West 947.7 feet to a point In the center of N.C. State Road 1423, thence with center of said road North 58 deg. 36 min. West 1079.0 feet to the point of beginning and being Tract No. 5 of the Etheridge Division, containing 313.95 acres including land with the creek bend and the right of way of N.C. State Road 1423 and being shown on map entitled, "Plat Division of the 'Eureka Farm' belonging to Heirs of Claude Etheridge, No. 6 Township, Edgecombe County, N.C., Scale 1" = 660', December $,1979", made by Cyril C. Waters, Registered Surveyor, Roanoke Rapids, N.C., to which map reference is hereby mane. TOGETHER WITH the right of ingress and egress over the farm roads or paths abutting said Tract No. 5 as shown on said map of the "Eureka Farm" belonging to heirs of Claude Etheridge. li,7T446,; That certain tract or parcel of land in No. 6 Township, Edgecombe County, North Carolina, situate north and south of N.C. State Road 1423 near its intersection with N.C. Highway 44, bounded on the North and West by Tracts Nos 3, 4 and 5 of the Etheridge Division and the home lot of Melvin H. Smiley and wife, Mary E. Smiley, on the East by Statan land and on the South by King Land and the land of Bent' Pittman, Jr. and toeing more particularly described as follows: BEGINNING at a paint In the center of State Road 1423, at the southeastern corner of Tract No. 5, also the point of intersection of the centerline of N.C. State Road 1423 and the centerline of the farm road, if extended, to the home of Melvin H. Smiley and wife, Mary E. Smiley, said point also being the following courses and distances as measured along the centerline of N.C. State Road 1423, in an eastern direction, from the point intersection of the centerline of N.C. State Read 1423. if extended, with the centerline of N.C. Highway 44; South 84 deg. 35 min. East 1110.1 feet, South 84 deg. 35 min. fast 113 feet, South 68 deg. 38 min. East 1494.9 feet, South 68 deg. 38 min. East 306.9 feet, South 58 deg. 36 min. East 231.5 feet, South 58 deg. 36 min. East 968.0 feet and South 58 deg. 36 min. East 1079.0 feet to the beginning point, thence from the point of beginning along with the line of Tract No. 5 and the center of the farm road to the home of Melvin H. Smiley and wife, Mary E. Smiley, North 6 deg. 31 min. East 947.7 feet, thence with the line of the Smiley home lot, South 80deg.19 min. East 94.6 feet to an Iron bar, thence North 9 deg. 39 min. East 498.8 feet to an iron pipe, thence North 84 deg. 03 min. West 32.0 feet to a point, thence continuing with the line of Tract No. 5, North 4 deg. 04 min. East 37.5 feet to an iron pipe, thence North 54 deg. 28 3628 E 44v3.JHB.26275.T29798 Page 26 of 26 min. East 130.1 feet to an Iron pipe, thence North 77 deg. 24 min. East 980.3 feet to an Iron pipe, thence with a pasture fence North 60 deg. 05 min. East 158.0 feet, North 25 deg. 48 min. East 326.0 feet to a fence post, thence North 64 deg. 20 min. East 608.1 feat to a point in the center of a farm road, thence with the center of the farm road North 52 deg. 02 min. West 401.0 feet to an Iran pipe, thence with a ditch, North 29 deg. 59 min. East 164.3 feet, North 53 deg. 53 min. East 200.0 feet, North 47 deg. 47 min. East 166.5 feet, North 73 deg. 55 min. East 146-5 feet, North 87 deg. 35 ruin. East 3$5.5 foot, North 9 deg. 01 min. East 193,5 feet, North 79 deg.19 min. West 169A feet, North 77 deg. 54 twin. West 334 feet, North 43 deg. 21 min. West 245 feet, North 57 deg. 05 ruin. East 95 feet, North 78 deg. 40 min. East 225 feet, North 58 dog.15 min. East 230 feet, South 78 deg.10 min. East 215 feet, North fig deg. 55 ruin. East 295 feet, North 45 deg. 40 min. East 195 feet, North 4 deg. 35 min. West 440 feet, North 77 deg. 55 min. East 220 feet, South 87 deg. 21 min. East 261 feet, North 37 deg.12 min. Fast 170.4 feet, North 17 deg. 21 min. West 155.6 feet to an Iron pipe, thence North 46 deg. 00 min. East 67.5 feet to an iron pipe, thence South 36 deg.12 min. East 600.0 feet, South 53 deg. 28 min. East 100.0 feet, South 71 deg. 48 min. East 232.8 feet to an iron pipe, thence North 16 deg, 56 min. East 355.7 feet to an iron pipe thence North 86 deg.16 min. East 1771.3 feet to the centerline of a ditched out branch, also the Staton Land Property line, thence along with said ditched out branch and the Staton line, South 0 deg. 35 min. West 174.8 feet, South 40 deg. 40 min. West 212 feet, South 11 deg. 25 min. West 206 feet, South 34 deg. 55 min. West 164 feet, South 3 deg. 25 min. West 217 feet, South 12 deg_ 25 ruin. East 67 feet, South 4 deg. 55 min, West 84 feet, South 27 deg. 25 min. West 151 feet, South 37 dog. 35 min. East 63 feet, South 53 deg. 30 ruin. East 26 feet, thence along a dam ditch South 7 deg. 40 min. West 540 feet, South 36 deg.15 rain. West 293 feet, South 68 deg. 55 min. West 686 feet, North 66 deg. 20 min. West 638 feet, South 49 deg. 35 min. West 50 feet to a branch, thence with said branch South 83 deg.10 min. West 177 feet. North 65 deg. 05 min. West 119 feet, North 67 deg. 50 min. West 125 feet, North 61 deg. 30 min. West 86 feet to a point In said branch, thence along a wire fence and hedgerow and the Staton line, South 54 deg. 34 min. West 4804 feet to a point In the center of N.C. State Road 1423, thence continuing along and with the Staton line and partly along a ditch, South 31 deg. 59 ruin. West 1119.5 feet to a stake at the end of a ditch and in the King property line, thence along and with a hedgerow which Is the property line with the King Land, North 63 deg. 24 min. West 64.6 feel, North 79 deg. 35 min. West 50 feet, and South 82 deg. 55 min. West $66 feet to a wire fence on or near a 40-inch oak, a corner of the Bent' Pittman, Jr. land, thence with the line of Berry Pittman, Jr. and said fence North 84 deg. 37 min. West 1030.8 feet to a fence post In the Pittman line, also a corner of Tract No. 3, thence with another wire fence and the fine of Tract No. 3 North 10 deg. 46 min. East 22i2.5 feet to a point in the center of N.C. State Road 1423, thence along and with the center of N.G. State Road 1423, South 68 deg. 38 min. East 306.9 feet, South 68 deg. 36 min. East 231.5 feet, South 58 deg. 36 min. East 968.0 feet and South 58 deg. 36 min.1079.0 feet to the point of beginning and being Tract Nra 6 of the Etheridge Division, containing 322.36 acres, including land within the right of way of N.C. State Road 1423, and being shown on map entitled, Plat Division of the 'Eureka Farm' belonging to Heirs of Claude Etheridge. No. 6 Township, Edgecombe County, N.C., Scale V = 660% December 8,1979", made by Cyril C. Waters, Registered Surveyor, Roanoke Rapids, N.C., to which map reference is hereby made. TOGETHER WITH the right of Ingress and egress over the farm roads or paths abutting said Tract No. 6 as shown on said map of the "Eureka Farm" belonging to heirs of Claude Etheridge. Less and except: That portion of Tract 6 recorded in Deed Hook 939, Page 636, on August 23,1983, and being further described as: That certain tract of land In No. 6 Township, Edgecombe County, North Carolina, located on the northeastern side of State Road 1423, approximately one mile southeast of Its Intersection with N.C. highway 44, bounded on the north and east by property of Melvin H. Smiley and wife, Mary E. Smiley, on the South by property of Mary Eleanor Bass Howard and Spencer P. Sass, Jr. and on the West by State Road 1423. Beginning at an iron pipe set In the northeastern right-of-way line of State Road 1423, which road is 60 feet in width, said iron being in the tine of the Howard and Bass property and also being located North 57 deg. 28 ruin. East 32.51 feet from a nail set in the centerline of said road, thence from the iron at the beginning, along and with the northeastern right-of-way line of State Road 1423, North 55 deg.12 min. West 100 feet to an iron pipe set in the right-cf-way line of said road, cornering, thence North 57 dog. 28 min. East 367.44 feet to an Iran pipe, cornering, thence North 32 deg. 32 min. West 37.72 feet to an iron pipe, cornering, thence North 04 deg. 49 min. West 260 feet to an Iron pipe, cornering, thence North 84 deg. 47 ruin. East 437.91 feet to an Iron pipe, cornering, thence South 32 deg. 32 min. East 159.24 feet to an iron pipe set In a fence fine, cornering, thence along and with said fence, also the Howard and Bass property line, South 57 deg. 28 min. West 858.90 feet to the iron pipe In the northeastern right-of-way line of State Road 1423, the point of beginning, containing 3.85 acres, according to survey and plat entity, "Survey for Stanley W. Garner and wife, Susan M. Garner, No 6 Township, Edgecombe County, N.C., Survey & Map by Kenneth D. Talbot Registered Land Surveyor, Tarboro, North Carolina, Date: 2 August,1983, Scale: 1" =100', to which reference Is hereby made. Also conveyed herewith is all right, title, interest and estate of the grantors in and to the land shown on the above plat, containing .07 acre, which lies within right-of-way of State Road 1423. 3 628144O.M.26275329798 Page 1 of 17 Type: CONSOLIDATED REAL PROPERTY Recorded: 4/5/2022 2:47:20 PM Fee Amt: $716.00 Page 1 of 17 Revenue Tax: $682.00 EDGECOMBE COUNTY, NORTH CAROLINA Vila R. Anderson Register of Deeds This certifies that there are no delinquent a reTV9tfitatP1G ( The 1008 Edgecombe County Tax Collector is charge wit col ec ing, that are ajjf'en on: Pin No. 480586715300 Excise Tax $ 682.00 PREPARED BY: Manning, Fulton & Skinner, PA (Joseph B. Bass III) — WITHOUT TITLE EXAMINATION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Restoration Systems, LLC Attn: Mr. Barrett Jenkins 1101 Haynes St. Suite 211 Raleigh, NC 27604 PERMANENT CONSERVATION EASEMENT THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") is made this 30th day of March , 2022, by and between Nancy Harris Craven and husband Thomas F. Craven, natural persons who are residents of the State of North Carolina, Macie Harris Kimball and husband Richard Kimball, natural persons who are residents of the State of South Carolina, and Melvin Read Harris and wife Sandy Harris, natural persons who are residents of the Commonwealth of Virginia (hereinafter collectively referred to as "Grantor") and Restoration Systems, LLC, a North Carolina limited liability company (hereinafter referred to as "Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns and shall include singular, plural, masculine, feminine, or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple approximately forty-eight and seventy-one hundredths (48.71) acres of real property situated, lying, and being in Edgecombe County, North Carolina, more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"), which such Property is located over and upon that certain larger tract of land owned in fee simple by Grantor and described on Exhibit B ("Grantor's Land"); submitted electronically by "Manning Fulton & skinner, P.A." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Edgecombe county Register of Deeds. Page 2 of 17 WHEREAS, Grantee is a North Carolina limited liability company whose purpose is the conservation of property and who is qualified to be the grantee of a conservation easement under N.C, Gen. Stat.§ 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the Property in its natural state, which includes the following natural communities: unnamed tributaries, open field ditches, and the adjacent riparian resources and similar resources. The purpose of this Conservation Easement is to restore and maintain riparian resources, aquatic and ecological resources, and other natural values of the Property and to prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition; and WHEREAS, the preservation of the Property is required by Grantee's Dead Tree Umbrella Nutrient Offset Banking Instrument in the Tar -Pamlico River Basin (the "NOBI") (NCDWR # 2020-19370 that was approved by the North Carolina Division of Water Resources ("NCDWR") on November 10, 2021. The NOBI is between Grantee, acting as the "Bank Sponsor", and NCDWR. The use of the Property in accordance with this Conservation Easement is to restore the Property to a natural vegetated condition as provided in and specified in the Dead Tree A and B Bank Parcel Development Packages (the "BPDP") which was approved by NCDWR on November 16 and November 10, 2021. The approval of the NOBI and the BPDP allow Grantee to establish the Dead Tree A and B Bank Parcels on the Property (the "Mitigation Bank"). The Mitigation Bank is intended to provide nutrient offsets for impacts permitted by NCDWR due to development (both existing and proposed) within restricted areas of the Tar -Pamlico River Basin. Grantor and Grantee agree that third -party rights of enforcement shall be held by NCDWR, to include any successor agencies, and that such rights are in addition to, and do not limit, the rights of Grantee to comply with its NOBI and its BPDP with the NCDWR. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors, and assigns, in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof and with a right of access, as follows: ARTICLE 1, DURATION OF EASEMENT; AREA OF EASEMENT This Conservation Easement, including all appurtenant rights set forth herein, shall be, perpetual. This Conservation Easement, including all appurtenant rights set forth herein, is an 362611 M.M13,26275.T29798 2 Page 3 of 17 easement in gross, runs with the land, and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents, and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted, or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration, or impairment of the natural features of the Property or any introduction of non-native plants or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard, or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock, or any other temporary or permanent structure or facility on or above the Property. C. Industrial, Commercial, and Residential Use. Industrial, residential, and commercial activities, including any right of passage for such purposes, are prohibited. D. Agricultural, Grazing, and Horticultural Use, Agricultural, grazing, animal husbandry, and horticultural use within the Property are prohibited. E. Ve:xetation. There shall be no removal, burning, destruction, harming, cutting, or mowing of trees, shrubs, or other vegetation in the Property, except as provided in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable once a year for no more than five (5) consecutive years from the date on page I of this Property, except where mowing will negatively affect vegetation or disturb soils. Mowing activities shall only be performed by Grantee and shall not violate any part of Item L of Article II or extend beyond five (5) years from the date on page 1 of this Conservation Easement. F. Roads and Trails. There shall be no construction of roads, trails, or walkways on the Property nor enlargement or modification to existing roads, trails, or walkways. G. Si na e. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions 3628119v2.JBB.26275.T29798 3 Page 4 of 17 or proscribing rules and regulations for the use of the Property, or signs identifying Grantor as owner of the Property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. 1. 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. Water -Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding, or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within, or out of the Property by any means, removal of wetlands, polluting, or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred under a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars, and trucks is prohibited within the Property, other than for temporary or occasional access by Grantee, its employees, contractors, agents, successors, assigns, and NCDWR for purposes of constructing, maintaining, or monitoring the restoration of riparian areas within the Property. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems is prohibited. ARTICLE III. GRANTOR'S RESERVED RIGHTS Grantor expressly reserves for itself, its personal representatives, heirs, successors, and assigns, the right to continue the use of the Property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of 362 8119 V2.7BB.26275.T29798 Page 5 of 17 ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift, or otherwise convey the Property, in whole or in part, provided such sale, transfer, or gift conveyance is subject to the terms of, and specifically references, this Conservation Easement. Notwithstanding the foregoing restrictions set forth in Article II above and otherwise in this instrument, Grantee reserves for itself acting as the Bank Sponsor, its successors and assigns, the right to construct a Mitigation Bank and to perform activities related to the restoration of riparian areas within the Property in accordance with the approved NOBI and corresponding BPDP. ARTICLE IV. GRANTEE'S RIGHTS; ACCESS EASEMENT Grantee and its authorized representatives, employees, agents, successors, assigns, and NCDWR, shall have the right to enter the Property (including access over Grantor's Land) at all reasonable times for the purpose of inspecting said Property to determine if Grantor or its personal representatives, heirs, successors, or assigns are complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies and taking samples. The easement rights granted herein do not include public access rights. Accordingly Grantor hereby grants and conveys unto Grantee, its authorized representatives, employees, agents, successors, assigns, and NCDWR a perpetual, non-exclusive easement for ingress and egress over and upon Grantor's Land at all reasonable times and at the location more particularly described on Exhibit A ("Access Easement") attached hereto and incorporated herein by this reference, to access the Property for the purposes set forth herein. This grant of easement shall not vest any rights in the public and shall not be construed as a public dedication of the Access Easement. Grantor covenants, represents, and warrants that it is the sole owner of and is seized of Grantor's Land in fee simple and has the right to grant and convey this Access Easement. ARTICLE V. ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Conservation Easement, Grantee and the NCDWR are allowed to prevent any activity, on or use of, the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of Grantee, Grantee shall notify Grantor in writing of such breach. Grantor shall have thirty (30) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after thirty (30) days, Grantee may enforce this Conservation Easement by appropriate legal proceedings including 3628119v2.)BB.26275.T29798 Page 6 of 17 claims for damages and injunctive and other legal and equitable relief. Notwithstanding the foregoing, Grantee reserves the immediate right, without notice, to obtain a temporary restraining order or injunctive or other appropriate relief if the breach of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. Grantor and Grantee acknowledge that under such circumstances damage to Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction, or restoration, including Grantee's expenses, court costs, and reasonable attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have the same right to enforce the terms and conditions of this Conservation Easement as Grantee. B. No failure on the part of Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default, C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees, agents, contractors, or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property, or harm to the Property resulting from such causes. ARTICLE VI. MISCELLANEOUS A. Warranty. Grantor warrants, covenants, and represents that it owns the Property in fee simple, that Grantor owns all interests in the Property which may be impaired by the granting of this Conservation Easement, and that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor also warrants that Grantee shall have the use and enjoyment of all the benefits derived from and arising out of this Conservation Easement and that Grantor will warrant and defend title to the Property against the claims of all persons whatsoever. B. Subsequent Transfers Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. Grantor agrees to provide written notice of such transfer to Grantee at least thirty (30) days before the date of the transfer. Grantor and Grantee agree that the 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 3629119v2.IBB.26275.T29798 6 Page 7 of 17 approval of NCDWR. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable; provided, however, that Grantee hereby covenants and agrees that, in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34, et seq. and § 174(h) of the Internal Revenue Code, and. Grantee also covenants and agrees that the terins of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined NOBI with corresponding BPDP and this instrument set forth the entire agreement of the parties with respect to the Conservation Easement and supersedes prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor except those incurred after the date hereof and which are expressly subject and subordinate to the Conservation Easement. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve Grantor of the obligation to comply with federal, state, or local laws, regulations, and permits that may apply to the exercise of Grantor's reserved rights set forth in Article III. P. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Eminent Domain Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio 3628119v2.JBB.26275.T29798 7 Page 8 of 17 of the value of this Conservation Easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, under Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. 1. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice in accordance with this Paragraph): To Grantor: CIO Mrs. Nancy Harris Craven 124 Berry Hill Drive Raleigh, NC 276I5 To Grantee: Restoration Systems, LLC I101 Haynes Street Suite 211 Raleigh, NC 27604 Attu: Mr. Barrett Jenkins To NCDEO -DWR: NCDEQ — Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment in accordance with this Conservation Easement, then Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended but only in a writing signed by all parties hereto and provided such amendment does not affect the qualification of this Conservation Easement or the status of Grantee under any applicable laws and provided such amendment is consistent with the conservation purposes of this grant. 3628119v2.3BB.26275.T29798 8 Page 9 of 17 L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in the BPDP, prepared by Grantee acting as the Bank Sponsor for the BPDP. The BPDP is acknowledged by Grantor to be complete and accurate as of the date hereof Grantor has copies of the BPDP. The BPDP will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, the BPDP is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. [Remainder of page left intentionally blank; signatures follow.] 362 B 119v2.JBB.26275.T29798 9 Page 10 of 17 IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. GRANTOR: L] Nancy Harris aven [SEAL] Thomas F. Craven STATE OF f OC-I'k &CDCD - COUNTY OF ( 1, , a Notary Public of the aforesaid County and State, certify that Nancy Hams Craven and Husband Thomas F. Craven personally came before me this day and acknowledged that he or she signed the foregoing instrument. WITNESS my hand and official seal, this the day of ` rC , 20 NOTA PUBLIC f L���<r�, My Commission Expires: 41�11%'�' ll'{� Comm. Err. _ �m 03-04-20 3 `Ca U�_ 3628119v2.JBB.26275.T29798 10 Page 11 of 17 IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. GRANTOR: dia� -- [SEAL] acie Harris Kimball f�f [SEAL] Richard Ki ball STATE OF u .o COUNTY ki OF Jli_) I,Sheree. M. Uthc o , a Notary Public of the aforesaid County and State, certify that Macie Harris Kimball and Husband Richard Kimball personally came before me this day and acknowledged that he or she signed the foregoing instrument. WITNESS my hand and official seal, this theQq day o 0 (-4, C. OTARY PUBLI e c My Commission Expires: .� 3628119v .M.26275129748 11 Page 12 of 17 IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. GRANTOR: [SEAL] Melvin Read Harris cs_S� [SEAL] SandyyHarris-/ STATE/COMMONWEALTH OFr COUNTY OF Frc.n ; ^ a Notary Public of the aforesaid County and State, certify that Melvin Read ` Iarris and Wife Sandy Harris personally came before me this day and acknowledged that he or she signed the foregoing instrument. WITNESS my hand and official seal, this the 30 day of 11,1,,rch , 20-2-1 JASON LEE COOPER NOTARY PUBLIC Commonwealth of Virginia Reg #7917640 My Commission Expires fOl 1� � 5~ OTAk-V PU8 LIC My Commission Expires: 3628119v2.7BB.26275.T29798 12 Page 13 of 17 THIS CONSERVATION EASEMENT AGREED AND ACCEPTED BY GRANTEE: Restoration Systems, LLC, a North Carolina limited Liability company r� By: r [SEAL] Title: 1 f �, 7 r• � STATE OF NORTH CAROLINA COUNTY OF _liar I certify that the following person personally appeared before me this day, acknowledging to me that signed the oregoing Systems, LLC; �.]Uh as.the duly authorized signatory for Restoration WITNESS my hand and official seal, this day of Ma i , 20,?Z W,®®1tt P011111 d N Z NOTARY PUBLIC o�aRy ~N •, y p Z 1 � 262(o 4 M Commission Ex fires; 1.2 r, i Z w • PUIBO w A i o° Z `V r®s�®0 t I I,� t 1) ,%% -)6281 19v2.JBB.26275. r29798 13 Page 14 of 17 EXHIBIT A PROPERTY DESCRIPTION (CONSERVATION EASEMENT AREAS AND ACCESS EASEMENT DESCRIPTION) Conservation Easement Area 2 BEING ALL OF Conservation Easement Area 2 of the Dead Tree Site over a portion of the land of Craven, Kimball, and Harris (PIN No 4805867153) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 51 and being located South 62000' 13" West 2527,10 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD'83, 2011). Thence from the Point of Beginning (Point No. 51), South 42°35'23" East 64.17' to an iron stake; thence South 23°21'20" East 66.57' to an iron stake; thence South 07°18'36" East 66.55' to an iron stake; thence South 10°50'45" West 94.57' to an iron stake; thence South 38°2532" West 182.27' to an iron stake; thence South 46148'04" East 48.82' to an iron stake; thence North 62° 12'32" East 462.65' to an iron stake; thence North 63°08'49" East 385.47' to an iron stake; thence South 22'50'11" East 47.55' to an iron stake; thence South 29°44`42" East 223.95' to an iron stake; thence South 16°37'06" East 58.88' to an iron stake; thence South 08'12141" West 69.29' to an iron stake; thence South 16° 10'49" West 52.87' to an iron stake; thence South 62°53'22" West 336.88' to an iron stake; thence South 069648" West 30.15` to an iron stake; thence South 72°04`19" East 232.65' to an iron stake; thence South 74°20'46" East 82.04' to an iron stake; thence South 70°34'33" East 349.77' to an iron stake; thence South 84°45'21" East 190.88' to an iron stake; thence South 24'01' 12" West 280.28' to an iron stake; thence South 27° 18'35" West 164.84' to an iron stake; thence North 83'18'52" West 91.44' to an iron stake; thence North 71 °53'35" West 425.73' to an iron stake; thence North 75°00'38" West 149.74' to an iron stake; thence North 70' 1 T3 8" West 191.79' to an iron stake; thence North 66°08'14" West 177.02' to an iron stake; thence North 72°24'04" West 246.90' to an iron stake; thence North 88127'44" West 291.24' to an iron stake; thence North 75130'47" West 93.69' to an iron stake; thence South 38°21'42" West 703.22' to an iron stake; thence North 78°05'35" West 239.01' to an iron stake; 3628119v2.3BB.26275,T29798 Page 15 of 17 thence North 38°35'50" East 1739.30' to an iron stake; which is the point of beginning, having an area of 29.95 acres, more or Iess. Conservation Easement Area 3 BEING ALL OF Conservation Easement Area 3 of the Dead Tree Site over a portion of the land of Craven, Kimball, and Harris (PIN No 4805867153) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 116 and being located South 17°42'22" West 1058.75 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,4019790, E=2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 116), South 16°02'37" West 146.31' to an iron stake; thence South 18°21'06" West 122.69' to an iron stake; thence South 3298'22" West 73.14' to an iron stake; thence South 42°49' 15" West 95.89' to an iron stake; thence North 54°54'29" West 190.73' to an iron stake; thence South 62°43'26" West 484.9I' to an iron stake; thence South 62°53'22" West 315.53' to an iron stake; thence North 16°10'49" East 52.87' to an iron stake; thence North 08°12'41" East 69.29' to an iron stake; thence North 16°37'06" West 58.88' to an iron stake; thence North 29°44'42" West 223.95' to an iron stake; thence North 22'50'11" West 47.55' to an iron stake; thence North 62158'25" East 627.38' to an iron stake; thence North 32°25'24" West 239.6l' to an iron stake; thence North 54°09'42" West 88.30' to an iron stake; thence North 35° 11'01" West 80.66' to an iron stake; thence North 08°02'57" West 86.79' to an iron stake; thence North 12°44'31" East 88.55' to an iron stake; thence North 28°50'03" East 186.29' to an iron stake; thence North 34°5T30" East 89.66' to an iron stake; thence North 42°51'47" East 54.27' to an iron stake; thence North 64'04' 18" East 69.88' to an iron stake; thence North 80°44'00" East 66.84' to an iron stake; thence South 79°17'13" East 65.38' to an iron stake; thence South 63°35'06" East 59.32' to an iron stake; thence South 45°25' 17" East 66.78' to an iron stake; thence South 28°54'33" East 53.15' to an iron stake; thence South 13'57' 16" East 59.03' to an iron stake; thence South 03°44'46" West 58.46' to an iron stake; thence South 14°02' 14" West 41.20' to an iron stake; thence South 2991'34" West 90.18' to an iron stake; 362811 M.M.26275.T29798 Page 16 of 17 thence South 339700" East 122.1 P to an iron stake; thence South 31°41'13" East 332.00' to an iron stake; thence South 54°30'48" East 194.99' to an iron stake; which is the point of beginning, having an area of 18.76 acres, more or less. BOTH OF THE FOREGOING CONSERVATION EASEMENT AREAS as shown on plat of survey titled "Conservation Easement for Restoration Systems, LLC, over a Portion of the Lands of Barnes per D.B. 1677, Pg. 546 (PIN: 4805-77-7202), and Also, Craven, Kimball & Harris per D.B. 1199 Pg. 287 (FIN: 4805-86-7153), and Also, Eureka Etheridge Farms, LLC per D.B. 1592, Pg. 804, Tracts 1, 2 & 3 (PIN(S): 4815-07-9630 & 4815-37-7393), No. 6 Township, Edgecombe County, North Carolina" dated February 5, 2022, by K2 Design Group, and recorded in Plat Cabinet 13, Pages 219 through 223, Edgecombe County Register of Deeds. AND SUCH CONSERVATION EASEMENT AREAS TOGETHER WITH those certain new non-exclusive access easements labeled as "Access Easement 2", "Access Easement 3", and "Access Easement 4", all for ingress, egress, and regress and all as shown and more particularly described on the foregoing described plat of survey recorded in Plat Cabinet 13, Pages 219 through 223, Edgecombe County Register of Deeds. 35281 l 9v2.1BB.26275.T29798 Page 17 of 17 EXHIBIT B GRANTOR'S LAND DESCRIPTION OVER WHICH THE PROPERTY (CONSERVATION EASEMENT) IS LOCATED Lying and being situate in Edgecombe County, NC, and being more particularly described as follows: That certain tract or parcel of land in No. 6 Township, Edgecombe County, North Carolina, situate on the North and South side of N.C. State Road 1423, near its intersection with N.C. Highway 44, bounded on the North by Tract No. 2 of the Etheridge Division, on the East by Tracts Nos. 4 and 6 of said Division, on the South by the land of Berry Pittman, Jr., and on the West by the land of Berry Pittman, Jr. and Tract No. 2 of said Division and being more particularly described as follows: BEGINNING at a point in the centerline of N.C. State Road 1423, which point is South 84 deg. 35 min. East 1110.1 feet, as measured along the center line of N.C. State Road 1423, if extended from its point of intersection with the center line of N.C. Highway 44, said beginning point also being a southeastern corner of Tract No. 2, thence along and with the line of Tract No. 2, also a wire fence and hedgerow North 42 deg. 55 min. East 3112.9 feet to a fence post, thence North 36 deg. 04 rain. East 862.4 feet to an iron pipe in the center of a farm road, thence continuing with said fence and hedgerow North 37 deg. 01 min. East 631.7 feet to a fence post, thence North 35 deg. 28 main. East 234.5 feet to a 15 inch poplar, thence South 68 deg. 03 min. East 822.3 feet to an iron pipe in the center of a farm road also in the line of Tract No. 4, thence along with the center of said farm road and the line of Tract No. 4, South 4 deg. 22 min. West 100.0 feet, South 21 deg. 30 min. West 445.0 feet, South 19 deg. 26 min. West 539.8 feet to a point in the center of another farm road, thence continuing with said farm road South 21 deg. 18 ruin. West 703.9 feet, South 20 deg. 10 min. West 597.6 feet, South 32 deg. 02 min. West 100.0 feet, South 49 deg. 34 min. West 224.3 feet, South 28 deg. 21 min. West 1040.9 feet, South 34 deg. 26 min. West 250.0 feet, and South 23 deg. 48 min, West 613.2 feet to a point in the center of N.C. State Road 1423, said point also being a southwestern corner of Tract No. 4 and in the line of Tract No. 6, thence with the center of N.C. State Road 1423 and the line of Tract No. 6, North 58 deg. 36 min. West 231.5 feet, North 68 deg. 38 min. West 306.9 feet to a point in the center of said road, a corner of Tract No. 6, thence continuing with the line of Tract No. 6, along with a wire fence South 10 deg. 46 min. West 2212.5 feet to a fence post in the line of Berry Pittman, Jr., also another wire fence, thence along and with the line of Berry Pittman, Jr. and said other wire fence, North 84 deg. 45 min. West 1525.9 feet to a fence corner, the property line being along the wire fence, thence continuing with the line of Berry Pittman, Jr., and with a wire fence and hedgerow along a farm road North 9 deg. 16 min. East 1051.6 feet, North 9 deg. 36 main. East 700.0 feet, and North 10 deg. 33 min. East 874.3 feet to a point in the center of N.C. State Road 1423, said wire fence and hedgerow being the property line, thence North 84 deg. 35 min. West 18.0 feet to the point in the center of N.C. State Road 1423 at the beginning and being Tract No. 3 of the Etheridge Division, containing 241.84 acres including land within the right of way of N.C. State Road 1423 and being shown on map entitled "Plat Division of the'Eureka Farm' belonging to Heirs of Claude Etheridge, No. 6 Township, Edgecombe County, N.C., Scale V = 660', December 8, 1979", made by Cyril C. Waters, Registered Surveyor, Roanoke Rapids, N.C., to which map reference is hereby made. TOGETHER WITH the right of ingress and egress over the farm roads or paths abutting said Tract No. 3 as shown on said map of the "Eureka Farm" belonging to heirs of Claude Etheridge. 3628119v2.J13B.26275.T29798