Loading...
HomeMy WebLinkAbout20201225 Ver 2_2020-1225v2_Elm Grove As-Built Report_with Credit Release Request and attachments_20230508ID#* 20201225 Version* 2 Select Reviewer: Ryan Hamilton Initial Review Completed Date 05/08/2023 Mitigation Project Submittal - 5/8/2023 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#: * 20201225 Version:* 2 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Elm Grove Farm County: Edgecombe Document Information Mitigation Document Type:* Mitigation As -Built Plans File Upload: 2020-1225v2 Elm Grove As -Built Report with Credit 36.73MB Release Request and attachments.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 DAMA. company 5/8/2023 To: Katie Merritt Nutrient Offset & Buffer Banking Coordinator 401 & buffer Permitting Unit NC Department of Environmental Quality Re: DWR#2020-1225V2 Elm Grove AsBuilt Report We are submitting the: 1) Credit Release for Task 1-4 on Elm Grove including the, 2) adjusted AsBuilt report, 3) the update on the Adaptive Management Plan (AMP) implementation dated February 2023, 4) the response to your AsBuilt walk thru notes prior to the implementation of the AMP, and 4) the final AsBuilt Report with AsBuilt survey. The Year 1 monitoring report has been submitted separately, please disregard the credit release associated with that submittal as credits were adjusted based on the final AsBuilt survey submitted here. Due to landowner conflicts the conservation easement recorded on this project was significantly smaller than proposed in the approved BPDP (22.48 acres versus 44.63 acres). In response to high mortality after initial planting in early 2022 and feedback from your AsBuilt walk through site visit we replanted the entire site in February of 2023 and submitted a memo documenting completion of our Adaptive Management Plan dated February 28, 2023. This memo is also attached here. The Asbuilt report was previously originally submitted in September 2022 at which point we provided a response to your AsBuilt walk through field notes. This response is also included below, keep in mind that we have since completed the adaptive management plan. We are resubmitting due to a formatting error on the previously submitted AsBuilt survey, which has been reformatted by our surveyor. The recorded conservation easement is also attached after the AsBuilt report, and we plan to transfer it to NCWHF by the end of this year. Monitoring bonds have been emailed to you separately. Thank you for your attention. We hope to get these project's reporting and review back on schedule soon. Let me know if you have any questions. Thanks, BARRETTJENKINS Restoration Systems, LLC Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina Ph: (919) 755-9490 Fx: (919) 755-9492 5/8/2023 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 Elm Grove Nutrient Offset Site (2020-1225v2) for completion of Task 14 per the approved credit release schedule, which is included in the Attachments with this request. The following documents have been submitted to DWR previously: conservation easement, survey, asbuilt memo, monitoring financial assurances, year 1 monitoring report. The following documents are attached here: February 2023 adaptive management plan summary, response to AB walk thru comments, Abbuilt report with updated AB survey. Due to landowner restraints the conservation easement ended up being 22.48 acres vs 44.63 proposed in the AsBuilt. A full replant also occurred this February as summarized in the attachments. Credits requested for release are detailed below: Credit Type % Release Credit Amount include Units Notes/Comments Buffer Restoration Buffer Preservation Buffer Enhancement Generated Nitrogen Nutrient Offset 60% 27,629.64 lbs Site smaller than in BPDP see AsBuilt Delivered Nitrogen Nutrient Offset Jordan sites only) Generated Phosphorus Nutrient Offset 60% 1,779.56 lbs Site smaller than in BPDP see AsBuilt Delivered Phosphorus Nutrient Offset Jordan sites only) Signature: Attachments: 1) Approved Credit Release Schedule, 2) AsBuilt Credit Release Summary VIIL 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 Bank Parcel 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 I 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 are marked, and all applicable permits 20 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 #1: 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 #5: 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. Page 10 of 19 Elm Grove Credit Release Summary DWR # 2020-1225v2 Asbuilt Total 46,049I 2,9661 Task Detail Percent NOC POC Requested Received 1 MBI CE Fin 20% 9,209.88 593.19 5/8/2023 2 Install 20% 9,209.88 593.19 5/8/2023 3 AsBuilt Fin 10% 4,604.94 296.59 5/8/2023 4 YR 1 Monit 10% 4,604.94 296.59 5/8/2023 5 YR 2 Monit 10% 4,604.94 296.59 6 YR3 Monit( 10% 4,604.94 296.59 7 CE assignm 5% 2,302.47 148.30 8 YR4 Monit( 5% 2,302.47 148.30 9 YR5 Monit( 10% 4,604.94 296.59 Totals 100% 46,049.40 2,965.94 Total Request 27,629.64 1,779.56 5/8/2023 February 28, 2023 TO: Ms. Katie Merritt Nutrient Offset & Buffer Banking Coordinator 401 & Buffer Permitting Unit North Carolina Department of Environmental Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 FROM: Barrett Jenkins Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina Ph: (919) 755-9490 Fx: (919) 755-9492 RE: DWR #2020-1225v2 / Elm Gove Nutrient Offset Site / Completion of Adaptive Management Plan Ms. Merritt, This letter is to notify DEQ of the completion of the Adaptive Management Plan (AMP) for the Elm Grove Nutrient Offset Site (Site) (DWR #2020-1225v2) submitted in December 2022. During the as -built site visit on July 6, 2022, multiple items requiring corrective action were identified, including high stem mortality, stem flagging within veg plots, no conservation easement placards on easement boundaries, a small section measuring .02 acres not planted, an old pasture fence was in the easement, and the addition of new T-post. On September 1, 2022, NC Wildlife Habitat Foundation (NCWHF) conservation easement placards were installed on all surveyed corners. Additionally, the old pasture fence was moved outside the easement, and new T-posts were added to the areas Katie Merritt highlighted. A map is attached highlighting action items, and photos of the work described are provided below. Restoration Systems (IRS) observed extensive dieback of planted hardwood species across the Site during the Yr. 1, 2022, monitoring season. The Yr. 1 vegetation survey indicated an average of two -hundred and fifty-seven (257) stems per acre across the Site, which fails to meet the requirements by less than 10%. Multiple variables, including moderate planting conditions and drought, are the lead causes for the high mortality in planted stems. Table 1 shows consecutive weeks within a level 1 or 2 droughts for Edgecombe County. Table 1: Consecutive weeks in drought Drought Level FIPS* Start Date End Date Consecutive Weeks Level 37065 3/24/2022 7/28/2022 19 Level 37065 4/7/2022 7/7/2022 14 (2022) US Drought Monitor https://droughtmonitor.un1.edu/DmData/Data Download/WeeksInDrought.aspx *Federal Information Processing Standards (FIPS) On January 9, 2023, IRS implemented a site -wide replant of eight thousand one hundred and fifty (8,150) bare roots (Figure 1). Spacing and densities were based on Yr. 1 monitoring data. The bare roots were planted on 10' x 12' centers, adding an average of three hundred and sixty-three (363) stems per acre. The species were picked from the original planting list with minor modifications based on the species' 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492 Restoration Systems, LLC DWR #2020-1225v2 / Elm Gove Nutrient Offset Site / Completion of Adaptive Management Plan Page 2 success. The .02 acres lacking planted material were replanted on 8' x 8' centers, adding six hundred and eighty (680) stems per acre. IRS planted six hundred (600) Pinus taeda (Loblolly Pine), which will not count towards vegetation success criteria, but will benefit the Site. Pinus taeda is drought tolerant, adapted to sandy, well -drained soils, and offers rapid growth to provide shade for hardwood bare roots. Planted species were hand mixed into bundles by a professional to ensure proper diversity of planted material throughout the replanted areas. Two IRS Project Managers were onsite to guarantee that the overall quality of the planting would exceed success criteria requirements. Bare roots were planted and flagged within the fixed vegetation monitoring plots, which will be recorded in the Yr. 2, 2023, Monitoring Report. Table 2 details the species and the number of planted stems. Photo documentation is provided on pages 4-5 of the replanting effort. Table 2: Remedial planting species and number of stems Common Name Species Number of Stems River birch Betula nigra 700 Common hackberry Celtis occidentalis 700 Persimmon Diospyros virginiana 700 Yellow Poplar Liriodendron tulipifera 800 Mulberry Morus rubra 1,000 Loblolly Pine Pinus taeda 600 Black gum Nyssa sylvatica 700 Sycamore Platanus Occidentalis 1,000 Oak (Swamp chestnut) Quercus michauxii 800 Oak (Water) Quercus nigra 800 Wax myrtle Morella cerifera 350 Total 13 species 8,150 If you have any questions, please do not hesitate to contact me at 512.230.0424. Sincerely, Barrett Jenkins Restoration Systems Attachments 1.) Photo Log 2.) Figure 1— AMP Action Items Overview Restoration Systems, LLC DWR #2020-1225v2 / Elm Gove Nutrient Offset Site / Completion of Adaptive Management Plan Page 3 Photo 1: Fence moved outside CE corner noted in Figure 1. September 1, 2022 Photo 2: All surveyed corners with T-posts marked as below. September 1, 2022 �,� µ"�irtti,c 14.L4rvr 4nnwn�ion „r '�`• Nv NlowlOg Nn Cutl.ing No Vehicles 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492 Restoration Systems, LLC DWR #2020-1225v2 / Elm Gove Nutrient Offset Site / Completion of Adaptive Management Plan Page 4 1 J{. J fry,.71 7 1 qA � k �.v Ylll', Restoration Systems, LLC DWR #2020-1225v2 / Elm Gove Nutrient Offset Site / Completion of Adaptive Management Plan Page 6 Photo 5: Planting crew hand planting bare root hardwoods. January 9, 2023 Photo 6: CVS plot after replants with newly planted stem marked with pink flagging. January 9, 2023 N , , ' i I Prepared for: vy NC DEQ w� a Division of 16 Water Resources Zone 2 Replant Area. 8' x 8' centers , 15 - - ` 401 & Buffer 12 ` Permitting Branch Project: Fence removed from easement - 13 - - - / ' ELM GROVE Feature-131 14 , ' 62 - , NUTRIENT OFFSET - - 11 BANK PARCEL Fea�uce _ _ _ _ _ ' - - - AMP - - - - 10 Added T-post 9 / ' S Edgecombe County, NC 8 Title: CCPV MY1 (2022) ` AND AMP Action Items 6 Overview Legend �GP� OElm Grove - Conservation Easement: 22.48 Ac. j Installed CVS Plots (17 total) ` \ _ 4 l� Imagery: 2021 NC OneMap Exceeds requirements by 10% Drawn b Exceeds requirements, but by less than 10% F , , ,; �,.. ,: RJH - Fails to meet requirements by more than 10% d74�e. _ q2 Date: 2 February 2023 Fails to meet requirements, by less than 10% 30-Foot-Powerline 3 Scale: a 1:3,000 Removed Fence / OT-post added Project No.: 1 - 2020-1225v2 C2 Zone 1 Replant 21.5 acres (10' x 12' centers) Zone 2 Replant .71 acres (8' x 8' center) a Elm Grove -Surveyed Top of Bank Offsets ° '� ,� , �,��.• - _ - - FIGURE - - TOB to 50 Feet` - - TOB to 100 Feet - TOB to 200 Feet _ Elm Grove - Surveyed Top of Bank N Feet; 0 Elm Grove - Subject Fee -Simple Parcels 0 65 F., 130 260 390 520 j' September 19, 2022 ATTN: Katie Merritt North Carolina Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Response to AsBuilt Field Notes including Adaptive Management Plan for the Elm Grove Nutrient Offset and Buffer Mitigation Bank (DWR Project #: 2017-1225) Ms. Merritt, After the As -Built walk through of the Site, you provided the attached Field Notes. This email is a response to those including an adaptive management plan to address significant tree mortality during the 2022 growing season and is provided as a supplement to the AsBuilt Report that follows. During the Site visit it became apparent we needed to move the farmers fence in the area identified in the Field Notes. Restoration Systems moved the wooden fence post and wire fence outside of the conservation easement (Photo 1). T posts were added where indicated on the Field Notes map, and easement signs were added to all T posts (Photo 2). The easement signs reference the NC Wildlife Habitat Foundation with whom we work closely and have a current agreement to transfer the easement formally later in the monitoring period. We will update all stem flagging at this year's monitoring. During the As -Built site visit on July 6th, 2022, stem mortality was high across a large portion of the site. Multiple variables, including moderate to extreme droughts and sandy well -drained soils, appear to be the lead causes for the low efficacy of planted stems as As built tree count on May 3 did not suggest such high stem mortality. Also, a section of the site measuring .18 acres was not planted due to a pasture fence located within the easement not being moved prior to planting. Table 1, below shows consecutive weeks within a level 1 or level 2 drought for Edgecombe County. Table 1: Consecutive weeks in drought Drought Level FIPS StartDate EndDate ConsecutiveWeeks Levell 37065 3/24/2022 7/28/2022 19 Leve12 37065 4/7/2022 7/7/2022 14 *(2022) US Drought Monitor https://droughtmonitor.unI.edu/DmData/Data Download/WeekslnDrought.aspx IRS has moved the pasture fence and is proposing to replant seven thousand eight hundred (7,800) hardwood bare roots across 10.6 acres noted during the As -Built site visit. Spacing will be 8 feet by 8 feet (8'x8') at densities of six hundred and eighty (680) stems per acre. A map identifying each zone is attached to this document. A method to offset drought will be to add Terra -Sorb to the root balls. Terra -Sorb is a non -toxic super -absorbent hydrogel material that absorbs up to 150 times its weight in water and releases it into the roots within dry soils. The species below were picked from the original planting list with minor modifications based on species success from the approved BPDP. Additionally, IRS will plant six hundred (600) non -credit -generating Pinus taeda. Pinus taeda is drought tolerant, adapted to sandy well -drained soils, and offer rapid growth to eventually provide shade for hardwood bare roots. The Pinus taeda will not be measured towards the overall success of the site. Table 2, below details the species and the total number of stems to be planted. Table 2: Remedial planting species and number of stems Common Name Species Number of Stems River birch Betula nigra 700 Common hackberry Celtis occidentalis 700 Persimmon Diospyros virginiana 700 Yellow Poplar Liriodendron tulipifera 800 Mulberry Morus rubra 1,000 Pine Pinus taeda 600 Black gum Nyssa sylvatica 700 Sycamor Platanus Occidentalis 1,000 Oak (Swamp chestnut) Quercus michauxii 800 Oak (Water) Quercus nigra 800 Total 12 species 7,800 The remedial planting goal is to make certain surviving planted vegetation (bare root and adaptive) will exceed Yr. 2 vegetation success standards and ensure the planted riparian corridor will track properly toward becoming a diverse hardwood forest. If you have any questions, please do not hesitate to contact me directly at 512.230.0424. Sincerely, BARRETTJENKINS Photo 1: Fence moved outside CE corner in red area from Field Notes map. September 1, 2022 Photo 2: All surveyed corners with tposts marked as below. September 1, 2022 Ray Holz From: Merritt, Katie <katie.merritt@ncdenr.gov> Sent: Friday, July 08, 2022 12:18 PM To: Barrett Jenkins Cc: Josh Merritt; Ray Holz Subject: As -Built Walk Field Notes - Elm Grove Attachments: Elm Grove AsBuilt Field Notes.pdf Follow Up Flag: Follow up Flag Status: Flagged Hey Barrett, DWR staff performed the As -Built Walk for the Elm Grove site on July 6, 2022, which is a requirement prior to the issuance of a credit release for Task 2. During the site visit, the following things were observed: 1. All monitoring plots were installed, stem spacing within plots was consistent with the rest of the site, stems were planted at a good density but were mostly of poor vigor or dead. Seeding across the site was decent with some areas where seeding had yet to get established and the easement boundary was adequately marked except where noted in Item 6 below. 2. Stem mortality was high across a large portion of the site. These areas are identified in PINK in the attached figure. While stems were observed to have been planted at a sufficient density, most stems present were either dead or of extreme poor vigor. IRS must submit an Adaptive Management Plan with the Year 1 Monitoring Report addressing the high mortality and include sufficient measures to ensure planted stems meet performance standards across the site. 3. Some plots did not have all stems flagged in the plots. IRS needs to make sure all stems are flagged in plots during the assessment of plots in Year 1. 4. No conservation easement placards were installed along the easement boundary. RS is to install easement placards along the entire easement boundary and provide photo documentation of completion with the submittal of the As -Built Report. 5. A section of the site was not planted and is identified in RED in the attached figure. IRS has two options with a decision of which option taken, to be provided prior to issuance of the Initial Credit Release for this Bank: 1) IRS must submit an Adaptive Management Plan with the Year 1 Monitoring Report committing to replant this entire area and provide supporting documentation, including photos showing planted stems, to document the planting effort. It is likely that 2 -3 rows of stems will need to be planted within this area to meet stem density requirements where planted stems are not present or, 2) Deduct the area from any credit generation and modify the Conservation Easement to exclude this area from the Bank. All documentation must be provided to DWR in the AsBuilt Report to reflect the changes from what was proposed in the approved BPDP and credits adjusted accordingly. 6. Additional T-posts need to be added in areas where the easement boundary was difficult to follow. Additional easement posts are identified as a RED DOT on the attached figure. 7. Seeding had not become well established in areas where stem mortality was high. These areas area also identified in PINK in the attached figure. Do to the substantial issues at this site, DWR does not intent to issue credits for this site until the submittal of AsBuilt Report, which is required as Task 3 in the BPDP/MBI for the site. Once DWR has received the AsBuilt Report for this site, credits will be issued accordingly. Katie Merritt Nutrient Offset & Buffer Banking Coordinator 401 & Buffer Permitting Unit North Carolina Department of Environmental Quality Work Cell: 919-500-0683 Website: https://deq.nc. ov/about/divisions/water-resources/water-quality-permittinV401-buffer- permittinVnutrient-offset-buffer-mitigation-pro ram 512 N. Salisbury Street, Raleigh, NC 27620 1617 Mail Service Center. Raleiah. NC 27699-1617 Construction Notes: - Soil work was completed Q1 2022 - Planting occured March 13, 2022 - Veg. plots were installed & measurements taken May 3, 2022 Non Credit Area: TOB is within DOT/Utilitity ROW Legend OElm Grove - Subject Fee -Simple Parcels QElm Grove - Conservation Easement: 22.48 Ac. ❑ Elm Grove -Installed CVS Plots (17 Total) 0 Elm Grove -Surveyed Top of Bank Elm Grove - Surveyed Top of Bank Offsets - - - TOB to 50 Feet - - - TOB to 100 Feet - - - TOB to 200 Feet Elm Grove - NOC Areas Restoration JOB - 200-ft) - NOC ❑ No Credit -Less Than 50-Feet or CE Doesn't Extend to TOB z '0 S N , / ' N=799 003.9630 .� E=2, 44Fi,069. 0196 FAILDS?LLC / Or - ISS, REFERENCE POINT D. B. :1697, PG. 4$... / 4 ONLY (SUITABLE FOR TRACT ONE GNSS OESERVATION) Y cr �. ?�' / 1 O � = / Feature B_1�' - 62" f O PIE!V 20 NhCE NON-EXCLUSIVE ACCESS EASEMENT WIDTH i VARIES'% FOR I NORESS, EGRESS A &REGhRESSTC BE CONVEYED TO RESTORATION SYSTEMS, LLC (AREA=90'ACRES- 9Y COORDINATE CO",!7UTT1'N.% 1 Li = low vigor, high mortality 7�8, = area not planted, locate�� pasture area on other side of fencing = easement posts needed FAWILLDS, , C D.B. 1697. PG489 TRACT ONE Feet 0 125 250 500 750 1,00( Prepared for: NC DEQ Division of Water Resources 401 & Isolated Wetlands/Waters Program & 401 Stormwater Project ELM GROVE NUTRIENT OFFSET BANK PARCEL ASBUILT MEMO Edgecombe County, NC Title: CREDIT AND MONITORING MAP Drawn by: RJH Date: MAY 2022 Scale: 1:3,000 Project No.: 2020-1225v2 FIGURE As -built & Baseline Monitoring Report ELM GROVE NUTRIENT OFFSET BANK PARCEL DWR Project # 2020-1225 V2 Tar -Pamlico River Basin In Agreement with: The Elm Grove Mitigation Banking Instrument for Nutrient Offset Mitigation Credits Pursuant to the Tar -Pamlico Nutrient Management Strategy September 2022 Prepared By: Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, NC 27604 Phone: 919-755-9490 Fax: 919-755-9492 Elm Grove Nutrient Offset and Bank Parcel DWR Project # 2020-1225 V2 As -built & Baseline Monitoring Report Table of Contents 1.0 Introduction.....................................................................................................................................1 2.0 Parcel Location.................................................................................................................................1 2.1 Parcel Background.....................................................................................................................2 2.2 Parcel Objectives.......................................................................................................................2 3.0 Restoration Activities.......................................................................................................................3 3.1 Riparian Area Restoration Activities.........................................................................................3 3.2 Parcel Protection.......................................................................................................................5 4.0 Mitigation Potential.........................................................................................................................5 5.0 Monitoring Protocol & Success Criteria...........................................................................................5 5.1 Monitoring Protocol..................................................................................................................5 5.2 Parcel Maintenance..................................................................................................................5 5.3 Long Term Management Plan..................................................................................................6 6.0 Financial Assurance..........................................................................................................................6 7.0 References.......................................................................................................................................6 Appendix A: General Figures and Tables Figure 1 - Parcel Location / Service Area Figure 2 - Current Conditions Plan View As -built Survey — Sheet 1-2 Table 1 - Project Components and Mitigation 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 - 17 Appendix C: NC DWR Stream Determination and Buffer Viability Appendix D: Conservation Easement Elm Grove 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 Elm Grove Bank Parcel (Parcel). As agreed upon in the Elm Grove Nutrient Offset Umbrella Banking Instrument (UBI) and Elm Grove 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 22.48 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 October 28, 2020. A Site Viability letter for Buffer & Nutrient Offset was provided by the Division on October 29, 2020 and December 14, 2020. Restoration Systems (RS) was granted a Conservation Easement by Farfields, LLC recorded on April 6, 2022 at the Edgecombe County Register of Deeds on Book 1754 Page 1089-1102 (Appendix D). IRS began preparation for restoration of the riparian buffer and planted the Parcel in 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. On May 3, 2022, Axiom Environmental installed seventeen (17) Carolina Vegetation Survey (CVS) monitoring plots and collected as -built data (Appendix B). 2.0 Parcel Location The Parcel is located approximately 3.5 miles northeast of Tarboro in Edgecombe County, NC. The Parcel is within the Tar -Pamlico River Basin 14-digit USGS Cataloging Unit 03020103010010 of the Middle Atlantic Coastal Plain (North Carolina Division of Water Quality [NCDWQ] Sub -basin Number 03-03-03) (Figure 1, Appendix A). Parcel Location: (35.936380°,-77.495125°) Directions to Parcel from Raleigh- - Get on 1-440 E from Capital Blvd - Take US-64 E to Tarboro - Take US-258 N 5 miles — Parcel is located on your right - Latitude, Longitude: 35.936380°,-77.495125' Elm Grove Nutrient Offset and Buffer Mitigation Bank Parcel Page 1 As -built & Baseline Monitoring Report — September 2022 2.1 Parcel Background The Bank Parcel totals 22.48 acres. Prior to Parcel development, primary land use was agricultural and silviculture. Agricultural fields account for nearly 100 percent of the Parcel' s current land use. Primary crops were cotton, corn, and soybeans. The Parcel includes three (3) surface water conveyances (ditches) with direct hydrologic connection to two (2) unnamed tributaries which drain to the Tar River two miles southwest. Parcel surface water conveyances and unnamed tributaries are periodically cleared of vegetation and maintained as cleared ditches with some brush accumulation along feature slopes. An existing utility line runs adjacent to the western property boundary along Highway 258 and at the northern end of Feature D2. These utility lines are excluded from the Parcel' s footprint. 2.2 ParcelObiectives The primary goals associated with the restoration of riparian areas within the Bank Parcel focused on improvingwater quality, enhancingflood attenuation, and restoring wildlife habitat permanently. The Elm Grove Bank Parcel Development Package (DWR ID#: 2020-1225 V2) Tar -Pamlico River Basin 8- Digit HUC: 03020103. Project goals were achieved by creating a forested riparian buffer adjacent to stream channels and agricultural ditches. Goals were accomplished by the following. 1. Removing nonpoint sources of pollution associated with agricultural production, including a) ceasing the broadcast application of fertilizer, pesticides, and other agricultural materials into and adjacent to Parcel surface water conveyances (ditches) and streams b) providing a restored riparian area to filter runoff from adjacent agricultural lands. 2. Reducing sedimentation within onsite and downstream receiving waters by reducing bank erosion, vegetation maintenance, and agricultural land disturbances. 3. Promoting floodwater attenuation by increasing frictional resistance of floodwaters crossing Parcel floodplains. 4. Improving aquatic habitat by enhancing stream bed shading and natural detritus input. 5. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural production. 6. Restoring and re- establishing natural community structure, habitat diversity, and functional continuity. 7. Protecting the Parcel' s riparian buffer functions and values in perpetuity. Goals will be accomplished by implementing restoration activities detailed in Table A. The width of the restored riparian buffer, which will generate nutrient offset credit (NOC), will be a minimum of 50 feet and a maximum of 200 feet on each side of site features. Parcel design will ensure no adverse impacts to wetlands or existing riparian buffers occur. Elm Grove Nutrient Offset and Buffer Mitigation Bank Parcel Page 2 As -built & Baseline Monitoring Report — September 2022 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 C. 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 D were applied to provide temporary and permanent ground cover for soil stabilization and reduction of sediment loss during rain events in areas without existing herbaceous cover. Planting took place on March 13, 2022 Table A — Restoration Plan Activities Restoration Plan Activity Phase Specific Actions 1. Prior to planting, the bank parcel will be disked in linear bands parallel to the direction of surface water flows. The established microtopography on leveled surfaces will promote diffuse flow and surface water storage throughout the floodplain. 2. Herbaceous vegetation treatment will be performed as needed before planting and may include selected herbicide treatments and/or limited mechanical clearing to remove undesirable vegetation. Where required, invasive species will be selectively removed and/or spot treated by a licensed Riparian pesticide applicator. Restoration 3. Establishment of a native herbaceous community via site -specific seed mix including both native types of grass and forbs, with a variety of annual and perennial plants known to benefit wildlife and pollinators. The grass seed component will focus on low -growing species which favor the establishment of the target forest community. Forbs will include a diverse mixture of native and naturalized forbs and wildflowers. 4. Establishment of a native hardwood forest via planting bare -root saplings along all Parcel Features from the top of bank to the Parcel' s easement boundary. I CIUM D - JUI[I[[ICII V rl VLCI.LIVII MI-LIVILICJ 1.) Restoration Systems (IRS) was granted a Conservation Easement by Farfields, LLC recorded on April 6, 2022 at the Edgecombe County Register of Deeds on Parcel protection Book 1754 Page 1089-1102 (Appendix D). (22.48 acres) 2.) IRS marked the easement at every corner with an iron, CE cap, and corner t- post. Additionally, easement signs were placed on t posts along the Parcel boundaries. 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 13,800 native bare - root hardwood saplings across 22.48 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. Elm Grove Nutrient Offset and Buffer Mitigation Bank Parcel Page 3 As -built & Baseline Monitoring Report — September 2022 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 May 2022 by Axiom Environmental and derived an average planted stem density of 438 stems per acre. Table C - Planting List Common Name Scientific Name Tree/Shrub* Number of Stems Species % of Total River birch Betula nigra Tree 1,150 8.7% Common hackberry Celtis occidentalis Tree 700 5.2% Eastern Redbud Cercis canadensis Shrub 750 5.2% Persimmon Diospyros virginiana Tree 1,250 8.7% Yellow poplar Liriodendron tulipifera Tree 1,150 8.7% Southern crabapple Malus angustifolia Tree 750 5.2% Mulberry Morus rubra Tree 1,150 8.7% Black gum Nyssa sylvatica Tree 1,150 8.7% Sycamore Platanus occidentalis Tree 1,250 8.7% Oak (Swamp chestnut) Quercus michauxii Tree 1,250 8.7% Oak (Water) Quercusnigra Tree 1,250 8.7% American elm Ulmus americana Tree 1,150 8.7% Southern arrowwood Viburnum dentatum Shrub 850 5.9% Total 12 Species 13,800 100% Table D - Permanent Seed Common Name Amount(in Common Name Amount(in Common Yarrow 1.35 Perennial Gaillardia (Blanketflower) 2.25 Winter Bentgrass, 2.25 Narrowleaf Sunflower 1.80 Blue False Indigo 0.45 Oxeye Sunflower 2.25 Plains Coreopsis 2.25 Wild Bergamot 0.45 Lanceleaf Coreopsis 2.25 Deertongue, Tioga 2.25 Cosmos 2.25 Clasping Coneflower 0.45 Rocket Larkspur 1.35 Blackeyed Susan 2.25 Showy Ticktrefoil 2.25 Purpletop 11.25 Purple Coneflower 2.25 Blue Vervain 0.90 Virginia Wildrye,'Madison' 4.50 Total (pounds) 60.00 Elm Grove Nutrient Offset and Buffer Mitigation Bank Parcel Page 4 As -built & Baseline Monitoring Report - September 2022 3.2 Parcel Protection Restoration Systems (RS) was granted a Conservation Easement by Farfields, LLC recorded on April 6, 2022 at the Edgecombe County Register of Deeds on Book 1754 Page 1089-1102 (Appendix D). IRS marked the easement at every corner with an iron, CE cap, and corner t-post. Additionally, easement signs were placed on t posts along the Parcel boundaries. 4.0 Mitigation Potential Of the approximately 22.48 acres protected under the conservation easement, 911,836 square feet are anticipated to provide nutrient offset credit equivalent to 46,049.403 lbs. of nitrogen offset credit and 2,965.938 lbs. of phosphorous offset credit. The management objectives, mitigation type, and proposed credits are detailed in the Project Credit Table provided in Table 1. These Nutrient Offset Credits will be neither convertible or transferable to any other credit type, including Riparian Buffer Mitigation. Credit deductions were calculated to account of areas with less than or 50 feet and for diffused flow (DWR Diffuse Flow Memorandum 2008-0819). 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 seventeen (17) 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. Elm Grove Nutrient Offset and Buffer Mitigation Bank Parcel Page 5 As -built & Baseline Monitoring Report — September 2022 The easement boundary will be checked annually as part of monitoring activities. Easement boundary conditions and any maintenance performed will be reported in the annual monitoring reports to DWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval from DWR prior to conducting any mowing within Tar -Pamlico Buffer Zones 1 and 2 to ensure that no buffer violations have occurred. 5.3 Long Term Management Plan The conservation easement will preserve all areas and prohibit all use of the property inconsistent with its use as a nutrient offset and riparian buffer mitigation property, including any activity that would materially alter the biological integrity of the Site/ Parcel. 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 Y4 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), 2021. Web Soil Survey (online). Available: https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm [Accessed July 19, 2021]. US Fish and Wildlife Service, 2021. Endangered Species, Threatened Species, and Candidate Species, Wake County, North Carolina (online). Available: https://www.fws.gov/raleigh/species/cntylist/wake.html (Accessed July 19, 2021). Elm Grove Nutrient Offset and Buffer Mitigation Bank Parcel Page 6 As -built & Baseline Monitoring Report — September 2022 Appendix A: General Figures and Tables Figure 1 - Parcel Location / Service Area Figure 2 - Current Conditions Plan View As -built Survey — Sheet 1-2 Table 1 - Project Components and Mitigation Credits Table 2 - Project Activity and Reporting History Table 3 - Project Contact Table 4 - Project Baseline Information and Attributes Elm Grove Nutrient Offset and Buffer Mitigation Bank Parcel Appendix A: General Figures and Tables As -built & Baseline Monitoring Report — September 2022 �p rich I-_Nish-ells - ocky Mount m Bgck Creek f Sbnlamburg s T - _ - - - _ _ - - - - -% ti / � I Fremont 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, Bank Parcel Location 35.936380°,-77.495125° y CMntain r - \� r , � 1tle P FarmVtl 5-,f aValstonburg \ { v 1 s ' Lr c� i Legend O Tar -Pamlico USGS 8-Digit HUC Boundary, 03020103, Service Area for Nutrient Offset Credits Creek l VVIDJSOF i �~ SrCr Hamilton k RESTORATION z co"°ho Cie°k i l i Prepared for: r� NC DEQ Division of �� Roanoke Riau i Water Resources � National wildfire Will- msfon `' Retuge � 401 & Buffer r� Permitting - Branch ~ Project: ELM GROVE Bear SS NUTRIENT OFFSET BANK PARCEL ASBUILT y �d Yg3.S L�aYfDOt Swamp I I I 4 r� r Washirgton Lr • Edgecombe County, NC Title: PARCEL LOCATION AND SERVICE AREA Drawn by: RJH Date: August 2022 Scale: 1:275,000 R F:e r Road Project No.: 2020-1225v2 Blo unts Bay. Goose State 0 5 10 Miles FIGURE 1 [Noon Credit Area: B is within DOT/Utilitity ROW 17. v �Rq? 016 i �Y12 13 Feature al �Fea-- - - - -- 11� 10 ' f /s \8 i 6� e y 7 \ 4 2 Legend OElm Grove - Subject Fee -Simple Parcels OElm Grove - Conservation Easement: 22.48 Ac. a ❑ Elm Grove - Installed CVS Plots (17 Total) 30-Foot-Powerline ❑ Elm Grove - Surveyed Top of Bank Elm Grove - Surveyed Top of Bank Offsets TOB to 50 Feet - - - TOB to 100 Feet .K - TOB to 200 Feet NOTE ABOUT WIDTHS & CREDITING: Elm Grove - NOC Areas r Restoration (TOB - 200-ft) - NOC Nutrient Offset Credit (NOC) Nutrient Offset Credit is contiguous from TOB, is a minimum of No Credit - Less Than 50-Feet or CE Doesn't Extend to TOB 50 ft. from the TOB and a maximum of 200 ft. from the TOB. •. , ro. 0 100 200 x o.- Feet 400 600 Prepared for: NC DEQ Division of Water Resources 401 & Buffer Permitting Branch Project: ELM GROVE NUTRIENT OFFSET BANK PARCEL ASBUILT Edgecombe County, NC Title: CCPV MYO (2022) AND CREDIT MAP Imagery: 2021 NC One Map Drawn by: RJH Date: Augsut2022 Scale: 1:3,000 Project No.: 2020-1225v2 TOTAL NUTRIENT OFFSET MITIGATION MITIGATION TOTALS SQ. FT ACRES RESTORATION 882,488.35 20.26 (TOP OF BANK - 20OFT) NO CREDIT - LESS THAN 50-FEET OR CE DOES 29,348.59 0.67 NOT EXTEND TO TOB ® NON -CREDITED AREA 25,348.59 0.58 (OVER 20OFT FROM TOB) - CREEK TOB-TOB 42,075.94 0.97 (NO CREDIT) TOTAL CONSERVATION 979,137.11 22.48 AREA CONSERVATION EASEMENT AREA 22.47 ACRES 1 \1 \I NON CREDIT AREA: TOB IS WITHIN DOT/UTILITY ROW AS - BUILT LEGEND: NOC: NUTRIENT OFFSET CREDIT R/W: RIGHT-OF-WAY TOB: TOP OF BANK INSTALLED CVS PLOTS (17 TOTAL) DISTANCES FROM TOB (50ft, 100ft, - SURVEYED TOP OF BANK NO CREDIT (CE DOES NOT EXTEND RESTORATION JOB - 200-ft) - NOC ® ACCESS EASEMENT CONSERVATION EASEMENT Z --- RIGHT-OF-WAY TOP OF BANK INSIDE NCDOT RIGHT-OF-WAY NO CREDIT AREA (OVER 20OFT FROM TOB) 1" = 300' 0 150 300 ■ US Feet 600 2EBARFLUSH GRADE IBED WITH =SIGN 20L POINT" 3,008.9630' 46,069.0186' 3 (2011) FEATURE Bl rOB JRE Al VICINITY MAP: N O a 0 u 122 ' sSl7! Piney Grove � N Z 11 1" = 5,000' ` US Feet 0 5,000 10,000 411 [tV/ ='Le]:;Ye] 4104 i W (e1_14 1111010 Surveyors disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground or above ground utilities or any other features above, or below ground other than those shown. I certify that the survey is of another category (credit determination plan), such as the recombination of existing parcels, a court -ordered survey, or other exception to the definition of subdivision. I certify that this plat does not meet G.S. 47-30 as amended. I, John A. Rudolph, certify that this project was completed under my direct and responsible charge from an actual survey made under my supervision; that this survey was performed to meet the requirements for an LIS/GIS survey to the accuracy of Class C and no vertical accuracy; method of measurement GNSS; date(s) of survey July of 2022; datum used for survey NAD83 (2011); and all coordinates are based on NAD83 (2011). N CAR0 ..... 0 .'� essio'.!'1,': SEAL L-4194 = y0 QZ SURV ' '0 SNL EY R�� ` /////1111\0 Professional Land Surveyor L-4194 License Number O Ln Q N O 00 0 V c V CD O V ^ C C O Z c, •� e� _ co N N U LA(L6 LLn Y J (D N E n J Ln N M Q 0- / E � N N' i Z U w 0 J w C) 1.4 J V) " N L N V L w w Z 0 W }j _ V) w W o Ce U rl Z Z g 0 V Z Co > U 0 Z Z a 0cD� C700U Z ao w w z �0 w = LU cl� Z Z LU LL 00 LL O o w U Z° d a � DRAWN BY: JTR DATE: 02/1/23 SURVEYED BY: JAR DWG. NO. RSS503AB22 SHEET: 1 OF 1 Table 1. ELM GROVE, NC-DWR Project # 2020-1225 V2, Project Credits Tar -Pamlico 03020103 Project Area N Credit Conversion Ratio (ftZ/pound) P Credit Conversion Ratio (ftZ/pound) 19.16394 297.54099 Credit Type Location Subject? (enter NO if ephemeral or ditch' Feature Type Mitigation Activity Min -Max Buffer Width (ft) Feature Name Z Total Area (ft) Total (Creditable) Area of Buffer Z 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 Nutrient Offset: P (Ibs) N utrie nt Offset Rural No Ditch Restoration 0-100 Al, Bl, C 380,978 1 1.1. No — Yes 19,879.941 1,280.422 Nutrient Offset Rural No Ditch Restoration 101-200 Al, 31, C 331,826 1 33% No — Yes 17,315.124 1,115.228 Nutrient Offset Rural Yes I/P Restoration 0-100 A2, B2 117,651 1 1 100% 1 No — Yes 6,139.186 395.411 Nutrient Offset Rural Yes I / P Restoration 101-200 A2, B2 52,033 1 33% No — Yes 2,715.151 174.877 Nutrient Offset Rural No Ditch Restoration Non -Credit Area; Less Than 50-Ft Feature A2 and B2 2,265 1 No — No — — Nutrient Offset Rural No Ditch Restoration Non -Credit Area; Non-Continous Easement Feature A2 and B2 27,083 1 No — No — — Totals (ft2): Total Buffer (ft2): Total Nutrient Offset (ft2): 911,836 0 0.000 46,049.403 2,965.938 0 0 911,836 N/A Enter Preservation Credits Below Total Ephemeral Area (ft) for Credit Total Eligible Ephemeral Area (ft2) Total Eligible for Preservation (ft2) Buffer Credit Type Location Subject? Feature Type Mitigation Activity Min -Max BufFeature Name Width (ft) Preservation Area Subtotals TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet s 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 Square FWJ Credits Nutrient Offset: Nitrogen:1 911,836 46,049.403 Phosphorus: 2,965.938 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). 0 0 0 #DIV/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 Full Credit Final Credit I Riparian Ratio (x:l) I Ratio (x:l) I Buffer Credits last updated 08/03/2020 Table 2. Project Activity and Reporting History Activity / Milestone BPDP Proposed Date Actual Date BPDP Approved NA November 10, 2021 Parcel Protection NA Recorded April 5, 2022 Planting Q1 2022 March 13, 2022 As -built Data Collection Q2 2022 May 3, 2022 Construction Completion Walkthrough NA July 61 2022 As -built Report Submittal NA September 2022 Year 1-5 Monitoring Q4 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 Elm Grove County Edgecombe Project Area (acres) 22.48 Project Coordinates (latitude and longitude) 35.9363809N,-77.4951259W (NAD83/WGS84) Project Watershed Summary Information Physiographic Province Inner Coastal Plain River Basin Tar -Pamlico USGS Hydrologic Unit 8-digit 03020103 USGS Hydrologic Unit 14-digit 03020103010010 DWR Sub -basin 03-03-02 Project Drainage Area, Total Outfall (acres) 224 Project Drainage Area Percentage of Impervious Area <5% Elm Grove 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 1-17 Elm Grove 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 and Planted Stems by Plot and Species Project Code 22011. Project Name: Elm Grove Current Plot Data (MYO 2022) Scientific Name Common Name Species Type 22011-01-0001 22011-01-0002 22011-01-0003 22011-01-0004 22011-01-0005 22011-01-0006 22011-01-0007 22011-01-0008 22011-01-0009 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 1 1 1 4 4 4 4 4 4 1 1 1 3 3 3 Celtis occidentalis common hackberry Tree 2 2 2 2 2 2 7 7 7 2 2 2 Cercis canadensis eastern redbud Tree 1 1 1 3 3 3 1 1 1 3 3 3 Diospyros virginiana common persimmon Tree 1 1 1 1 1 1 Liriodendron tulipifera tuliptree Tree 1 1 1 2 2 2 1 1 1 1 1 1 Malus angustifolia southern crabapple Tree 1 1 1 Morus rubra red mulberry Tree 1 1 1 3 3 3 2 2 2 1 1 1 1 1 1 Nyssa sylvatica blackgum Tree 1 1 1 2 2 2 Platanus occidentalis American sycamore Tree 1 1 1 1 1 1 Quercus oak Tree 1 1 1 1 1 1 2 2 2 1 1 1 Quercus michauxii swamp chestnut oak Tree 2 2 2 1 1 1 1 1 1 5 5 5 Quercus nigra water oak Tree 1 1 1 3 3 3 1 1 1 2 2 2 3 3 3 1 1 1 Ulmus americans American elm Tree 1 1 1 1 1 1 Viburnum dentatum southern arrowwood Shrub 2 2 2 1 1 1 6 6 6 Stem count size (ares) size (ACRES) Species count Stems per ACRE 7 7 7 101 101 10 111 111 11 ill 11 11 10 10 10 121 12 12 9 9 9 101 10 10 111 111 11 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 61 61 61 51 51 51 61 61 61 71 71 71 61 61 6 51 5 5 31 3 3 4 41 4 6 61 6 283.31 283.31 283.31 404.71 404.71 404.71 445.21 445.21 445.21 445.21 445.21 445.21404.71 404.71 404.71485.61 485.61 485.6 364.21 364.2 364.2 404.7 404.71 404.7 445.2 445.21 445.2 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% 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 and Planted Stems by Plot and Species Project Code 22011. Project Name: Elm Grove Current Plot Data (MYO 2022) Annual Means Scientific Name Common Name Species Type 22011-01-0010 22011-01-0011 22011-01-0012 22011-01-0013 22011-01-0014 22011-01-0015 22011-01-0016 22011-01-0017 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 1 1 1 2 2 2 1 1 1 3 3 3 20 20 20 Celtis occidentalis common hackberry Tree 1 1 1 4 4 4 3 3 3 3 3 3 24 24 24 Cercis canadensis eastern redbud Tree 3 3 3 4 4 4 1 1 1 16 16 16 Diospyros virginiana common persimmon Tree 1 1 1 3 3 3 Liriodendron tulipifera tuliptree Tree 1 1 1 4 4 4 1 1 1 11 11 11 Malus angustifolia southern crabapple Tree 1 1 1 Morus rubra red mulberry Tree 2 2 2 8 8 8 1 1 1 19 19 19 Nyssa sylvatica blackgum Tree 1 1 1 4 4 4 Platanus occidentalis American sycamore Tree 2 2 2 Quercus oak Tree 1 1 1 1 1 1 2 2 2 1 1 1 3 3 3 13 13 13 Quercus michauxii swamp chestnut oak Tree 5 5 5 4 4 4 2 2 2 1 1 1 2 2 2 1 1 1 2 2 2 26 26 26 Quercus nigra water oak Tree 4 4 4 2 2 2 3 3 3 5 5 5 2 2 2 27 27 27 Ulmus americans American elm Tree 2 2 2 3 3 3 1 1 1 8 8 8 Viburnum dentatum southern arrowwood Shrub 1 1 1 10 10 10 Stem count size (ares) size (ACRES) Species count Stems per ACRE 12 12 12 15 15 15 13 13 13 11 11 11 10 10 10 9 9 9 9 9 9 14 14 14 184 184 184 1 1 1 1 1 1 1 1 17 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.42 3 3 3 7 7 7 6 6 6 5 5 5 4 4 4 6 6 6 2 2 2 7 7 7 14 14 14 485.6 485.6 485.E 607 607 607 526.1 526.1 526.1 445.2 445.2 445.2 404.7 404.7 404.7 364.2 364.2 364.2 364.2 364.2 364.2 566.6 566.6 566.6 438 438 438 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 Elm Grove Site MYO (2022) Vegetation Monitoring Photographs (taken May 3, 2022) Plot 3 Elm Grove Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Elm Grove Site MYO (2022) Vegetation Monitoring Photographs (taken May 3, 2022) Plot 13 Elm Grove Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Elm Grove Site MYO (2022) Vegetation Monitoring Photographs (taken May 3, 2022) PII nt17 1 Elm Grove Site Appendix A: Visual Assessment Data MYO Monitoring Report — May 2022 Appendix C: NC DWR Stream Determination & Buffer Viability Elm Grove Nutrient Offset and Buffer Mitigation Bank Parcel Appendix C: NC DWR Stream Determination As -built & Baseline Monitoring Report — September 2022 DocuSign Envelope ID: 5EE00457-1 AA2-4F56-B9F9-1 C3B8834F569 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 29, 2020 DWR Project # 2020-1125 Edgecombe County Restoration Systems, LLC. Barrett Jenkins (sent via email at: bjenkins@restorationsystems.com) Subject: On -Site Determination for Applicability to the Tar -Pamlico Buffer Rules (15A NCAC 02B .0734) Project Name: Elm Grove Address / Location: 4432 US 258, Tarboro, NC 27886 Determination Date: October 28, 2020 Staff: Rick Trone Dear Mr. Jenkins, On October 28, 2020, Rick Trone of the Division of Water Resources conducted an on -site review of features located on the subject property at the request of Restoration Systems, LLC to determine the applicability to the Tar -Pamlico Riparian Area Protection Rules (15A NCAC 02B .0734). The enclosed map(s) depict the feature(s) evaluated. This information is also summarized in the table below. 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 or not present on the property or not depicted on the required maps. This determination only addresses the applicability to the buffer rules 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 do not appear on the maps referenced above. Any of the features on the site 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 rated during the DWR site visit: North Carolina Department of Environmental Quality I Division of Water Resources ,-o-,- D E 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NORTH f pROL.INA 919.707.9000 DocuSign Envelope ID: 5EE00457-1AA2-4F56-B9F9-1C3138834F569 DWR # 2020-1125, Elm Grove Edgecombe County Page 2 of 4 Feature Subject Depicted Depicted on E/I/P/Other to Buffer Start @ Stop @ on ID Rules Soil Survey USGS To o p Al Other No Top of feature A2 X DWR flag @ A2 I Yes approximately 35.93341 Culvert at Hwy 258 X -77.49446 ConfluenceCw/feature 131 Other No Top of feature X Confluence w/feature C @ 132 1 Yes approximately 35.93513 Culvert at Hwy 258 X -77.49448 C Other No Not subject throughout project area X DWR flag @ D1 Other No Top of feature approximately X X 35.93720-77.49239 DWR flag @ D2 I Yes approximately 35.93720 Outside project area X X -77.49239 E Other No Feature not present X F Other No Not subject throughout project area X G Other No Top of feature I Feature D X Pond 1 Other No Throughout project area X This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via U.S. Postal Service: DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.) 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. This letter only addresses the features on the subject property and within the proposed project easement and does not approve any activity within buffers or within waters of the state. If you have any additional questions or require additional information, please contact Rick Trone at (919) 707-3631 or rick.trone@ncdenr.gov. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. DocuSign Envelope ID: 5EE00457-1AA2-4F56-B9F9-1C3138834F569 DWR # 2020-1125, Elm Grove Edgecombe County Page 3 of 4 Sincerely, 0ocu5igned by! Ile 19949091BA53EF4EO. Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Enclosures: USGS Topographical Map, NRCS Soil Survey, Site Map cc: 401 & Buffer Permitting Branch files 2S� � o (7 0 E (1) ao w -0 `^ o N U � v ci b0 O —0 N W O N e •� 0 DocuSign Envelope ID: 5EE00457-1AA2-4F56-B9F9-1C3138834F569 i 132: Subject at confluence w/C A2: Subject @ DWR flag Elm Grove Edgecombe County, NC-DWR Project # 20-1225 `l\ %Lf D2 F: Not subject j D2: Subject @ ,,o DWR flag Y&C% B � 131: Not subject Al Not subject k aB NRCS Soil Survey Sheet 15 Edgecombe Co NC 1979 h Locations are approximate Legend' and are provided for refer- . z"? I enceonly:: -project boundary DocuSign Envelope ID: 5EE00457-1AA2-4F56-B9F9-1C3138834F569 E I m Grove Edgecombe County, NC-DWR Project # 20-1225 l� USGS Topographical Map ru5rATZ r Speed Quadrangle 2019 Locations are approximate y s and are provided for refer - Legend: {{F - Y- enceonly:: -Project boundary DocuSign Envelope ID: EC232A55-7B5F-4C59-9E82-854F6200B48C ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Barrett Jenkins NORTH CAROLINA Environmental Quality December 14, 2020 Restoration Systems, LLC 1101 Haynes St, Suite 211 Raleigh, NC 27604 (via electronic mail: bienkinsgrestorationsystems.com) DWR# 2020-1225 Re: Site Viability for Buffer Mitigation & Nutrient Offset — Elm Grove Site Near 4432 US 258, Tarboro, NC Lat., Long. 35.935659,-77.495615 Tar -Pamlico 03020103 Dear Mr. Jenkins, On September 15, 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 03020103. 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 "Elm Grove Farm Site Overview" (Figure 1) prepared by RS and edited by DWR. On October 28, 2020, Ms. Merritt performed a site assessment of the subject site. Staff with RS were also present. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0703. Feature Classification tSubiect 6Riparian Land uses Buffer 'Nutrient 4,1Mitigation Tyne Determination Win onsite adiacent to Feature Credit Offset to riparian areas Buffer 0( 200,) Viable Viable Rule Al Ditch No Non -forested agricultural No Yes Non -forested fields - Restoration Site per (Begins at >3' depth fields 15A NCAC 02B .0295 (n) point shown on map) A2 Stream Yes Non -forested agricultural Yes Yes Non -forested fields - Restoration Site per (begins at fields and partially within a See note See note 15A NCAC 02B .0295 (n) DWR stream DOT R.O.W call flag) Note: No credits are allowed within the DOT R.O.W B1 Ditch No Non -forested agricultural No Yes Non -forested fields - Restoration Site per >3' depth fields 15A NCAC 02B .0295 (n) D E Q NORfH f:Ai�OHNA y� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 nsm, ent or FnOmn—W Quali1v/`� 919,707.9000 DocuSign Envelope ID: EC232A55-7B5F-4C59-9E82-854F6200B48C Elm Grove Site Restoration Systems, LLC December 14, 2020 Feature Classification 'Subiect 'Riparian Land uses Buffer 'Nutrient 4,SMitigation Type Determination w/in onsite to adjacent to Feature Credit Offset riparian areas Buffer 0( 200,) Viable Viable Rule 132 Stream Yes Non -forested agricultural Yes Yes Non -forested fields - Restoration Site per (begins at fields 15A NCAC 02B .0295 (n) DWR stream call flag) C Ditch No Non -forested agricultural No Yes Non -forested fields - Restoration Site per >3' depth fields 15A NCAC 02B .0295 (n) D1 Ditch No Non -forested agricultural No No Not hydrologically connected to a stream >3' depth fields D2 Stream Yes Non -forested agricultural Yes Yes Non -forested fields - Restoration Site per (begins at fields with downstream See note See note 15A NCAC 02B .0295 (n) DWR stream partially within a DOT call flag) R.O.W Note: No credits are allowed within the DOT R.O.W E Not Present No N/A N/A N/A N/A F Ditch No Non -forested agricultural No Yes Non -forested fields - Restoration Site per >3' depth fields 15A NCAC 02B .0295 (n) Easement must include all of Pond F to its confluence with D2 to be creditable. Pond F In -line pond No Non -forested agricultural No No No fields adjacent to a high forested berm along tops of banks on all sides. G Ditch No Non -forested agricultural No Yes Non -forested fields - Restoration Site per >3' depth fields 15A NCAC 02B .0295 (n) 'Subjectivity calls for the features were determined by DWR in correspondence dated October 29, 2020 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . 2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 4 Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request. 5 All features proposed for buffer mitigation or nutrient offset, must have a conservation easement established that includes the tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian area. 'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). Determinations provided in the table above were made using a proposed easement boundary showing proposed mitigation areas shown in Figure 1. Maps representing the proposal for the site are attached to this letter and are initialed by Ms. Merritt on December 14, 2020. Substantial changes to the proposed easement boundary could affect the Site's potential to generate buffer and nutrient offset credits. Page 2 of 3 DocuSign Envelope ID: EC232A55-7B5F-4C59-9E82-854F6200B48C Elm Grove Site Restoration Systems, LLC December 14, 2020 This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0703. This viability assessment will expire on December 14, 2022 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, /�DocuSsig�n�e/d by: /�aWG WOLt� 949D916A53EF4E0... Paul Wojoski, Supervisor 401 and Buffer Permitting Branch PW/kym Attachments: "Elm Grove Farm Site Overview" (Figure 1) cc: File Copy (Katie Merritt) Page 3 of 3 y Appendix D: Conservation Easement Elm Grove Nutrient Offset and Buffer Mitigation Bank Parcel Appendix D: Conservation Easement As -built & Baseline Monitoring Report — September 2022 Page 1 of 14 This certifies that there are no delinquent ad valorem real estate taxes, which The Edgecombe County Tax Collector is charged with collecting, that are a lien on: Pin No. 4749680128 Type: CONSOLIDATED REAL PROPERTY Recorded: 4/6/2022 10:49:36 AM Fee Amt: $386.00 Page 1 of 14 Revenue Tax: $360.00 EDGECOMBE COUNTY, NORTH CAROLINA Vila R. Anderson Register of Deeds BK 1754 PG 1089 - 1102 Excise Tax $360.00 PREPARED BY: Joseph B. Bass, III of Manning Fulton and Skinner P.A. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Restoration Systems Attn: Barrett Jenkins 1101 Haynes St. Suite 211 Raleigh, NC 27604 PERMANENT CONSERVATION EASEMENT THIS URMANENT CONSERVATION EASEMENT ("Conservation Easement") is made this 3 day of dv� , 2022, by and between Farfields, 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 twenty-two and forty-eight hundredths (22.48) acres of real property situated, lying, and being in Edgecombe County, North Carolina, more particularly described in 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 14 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: Tar - Pamlico River Basin tributaries, open field ditches, and the adjacent unnamed riparian 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. WHEREAS, the preservation of the Property is required by Grantee's Elm Grove Nutrient Offset Banking Instrument in the Tar -Pamlico River Basin (the "NOBI") (NCDWR #2020- 1225v2) 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 (as hereinafter defined) to a natural vegetated condition as provided in and specified in the Elm Grove Nutrient Offset Site Bank Parcel Development Package (the "BPDP") which was approved by NCDWR on November 10, 2021. The approval of the NOBI and the BPDP allow Grantee to establish the Elm Grove Mitigation Bank on the Property (the "Mitigation Bank"). The Mitigation Bank is intended to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Tar -Pamlico River Basin. Grantor and Grantee agree that third -party rights of enforcement shall be held by NCDWR, to include any successor agencies, and that such rights are in addition to, and do not limit, the rights of Grantee to comply with its NOBI and its BPDP with the NCDWR. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors, and assigns, in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof and with a right of access, as follows: ARTICLE I. DURATION OF EASEMENT; AREA OF EASEMENT This Conservation Easement, including all appurtenant rights set forth herein, shall be perpetual. This Conservation Easement, including all appurtenant rights set .forth herein, is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents, and licensees. ARTICLE II. 3608570v2.JBB. 26275.'r29424 2 Page 3 of 14 PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted, or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration, or impairment of the natural features of the Property or any introduction of non-native plants or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard, or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock, or any other temporary or permanent structure or facility on or above the Property. C. Industrial, Commercial. and Residential Use. Industrial, residential, and commercial activities, including any right of passage for such purposes, are prohibited. D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use within the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or mowing of trees, shrubs, or other vegetation in the Property, except as provided in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable once a year for no more than five (5) consecutive years from the date on page 1 of this Property, except where mowing will negatively affect vegetation or disturb soils. Mowing activities shall only be performed by Grantee and shall not violate any part of Item 1, of Article II or extend beyond five (5) years from the date on page 1 of this Conservation Easement. F. Roads and Trails. There shall be no construction of roads, trails, or walkways on the Property nor enlargement or modification to existing roads, trails, or walkways. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions 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 3608570v2.JBB.26275.T29424 3 Page 4 of 14 vehicles, appliances, machinery, hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation, Dredging, or Mineral Use. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials; and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding, or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within, or out of the Property by any means, removal of wetlands, polluting, or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. Its. 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 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. 3608570v2.JBB.26275.T29424 4 Page 5 of 14 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. I:1ciIto)a I►�A 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 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 3 608570a2. JBB26275.T29424 Page 6 of 14 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 approval of NCDWR. C. Assignment. The parties recognize and agree that the benefits of this Conservation 3603570v2.JBB.26275.T29424 6 Page 7 of 14 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. P. Extinguislunent. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Eminent Domain Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this Conservation Easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The 3608570v2.JBB.26275.T29424 7 Page 8 of 14 values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, under Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice in accordance with this Paragraph): To Grantor: Farfields, LLC Attn: George Jenkins 807 North Main Street Tarboro, NC 27886 To Grantee: Restoration Systems, LLC Attn: Barrett Jenkins 1101 Haynes Street, Suite 211 Raleigh, NC 27604 To NCDEQ -DWR: NCDEQ — Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment in accordance with this Conservation Easement, then Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended but only in a writing signed by all parties hereto and provided such amendment does not affect the qualification of this Conservation Easement or the status of Grantee under any applicable laws and provided such amendment is consistent with the conservation purposes of this grant. L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and 3608570v2.JBB.26275.T29424 9 Page 9 of 14 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.] 3608570v2. J B B.26275."r29424 Page 10 of 14 IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. GRANTOR: Farfields, LLC, a North Carolina limited liability company STATE OF NORTji C COUNTY OF IZQ I a Notary Public of the aforesaid County and State, certify gat personally came before me this day and acknowledged t a o e isOw of Farfields, LLC and that by authority duly given and as the act of , signed the foregoing instrument on behalf of Farfields, LLC WITNESS my hand and official seal, this the-�ay ofbid),2022. cHpsuacrc�, AR My Commission Expires: 3608570v2.JBB26275.T29424 10 Page 11 of 14 AGREED AND ACCEPTED BY GRANTEE: Restoration Systems, LLC, a North Carolina limited liability company By: /-7 c Name: Title: �C—G STATE OF NORTH CAROLINA COUNTY OF I certify that the following person personally appeared before me this day, acknowledging to me that 1 116 signed the foregoing document as the duly authorized signatory for Restor ion Systems, LLC: WITNESS my hand and official seal, thioil day of �G` 1 , 2022. ,t%1111111111 GE N P .0 -110-1 Q�;.•••" "--.q%�40.0 NOTARY PUBLIC �. \S8� F •ti �i J." = U = My Commission Expires: �2' 115tZ y co C1 3608570v2.JBB.26275.T29424 II Page 12 of 14 PROPERTY DESCRIPTION (CONSERVATION EASEMENT AREA AND ACCESS EASEMENT DESCRIPTION) Conservation Easement Area I BEING ALL OF Conservation Easement Area 1 of the Elm Grove Site over a portion of the lands of Farfields, LLC (PINS 4749-68-0128 and 4749-79-2203) lying and being situated in Number Four 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. 27 and being the Northern most corner of the Conservation Easement Area 1 and being located North 63°48'49" West 366.95 feet from an iron stake (Point No. 113) with N.C. Grid Coordinates N=799,008.9630' E=2,446,069.0186' (NAD'83, 2011). Thence from the Point of Beginning (Point No. 27), South 53°46'42" East 375.49' to an iron stake; thence South 5190'36" East 88.18' to an iron stake; thence North 83°40'52" East 91.0l' to an iron stake; thence South 30035'58" East 377.1 P to an iron stake; thence South 39°54'23" West 66.60' to an iron stake; thence South 55°31'43" West 71.94' to an iron stake; thence South 55")143" West 186.71' to an iron stake; thence South 39039'03" East 227.20' to an iron stake; thence South 39°39'03" East 65.84' to an iron stake; thence South 159654" East 70.30' to an iron stake; thence South 00'50' 11 " East 47.57' to an iron stake; thence South 44°32'48" West 282.75' to an iron stake; thence North 74°27'36" West 103.67' to an iron stake; thence North 63°49'28" West 50.16' to an iron stake; thence North 53°10'32" West 128.86' to an iron stake, thence South 26°25'21" West 125.17' to an iron stake; thence South 43°36'56" West 76.71' to an iron stake; thence South 58°56'41" West 58.91' to an iron stake; thence South 76°31'36" West 156.17' to an iron stake; thence North 16°56'27" West 296.68' to an iron stake; thence North 16°56'27" West 75.00' to a non-monumented corner; thence North 16°51'44" West 331.80' to an non-monumented corner; thence North 16°50'1 V West 50.00' to an iron stake; thence North 16°50'11" West 220.36' to an iron stake; thence North 47°41'39" East 104.74' to an iron stake; thence North 670603" East 107.35' to an iron stake; thence North 16°10'49" East 87.22' to an iron stake; thence North 29° 12'55" East 90.26' to an iron stake; thence North 35°13'49" East 277.19' to an iron stake; thence North 79°55'52" East 31.05' to an iron stake, which is the point of beginning (Point No. 27), having an area of approximately 22.48 acres. AND SAID CONSERVATION EASEMENT AREA 1 BEING ALL OF "CONSERVATION EASEMENT AREA I", CONTAINING APPROXIMATELY 22.48 ACRES, as shown on plat of survey titled "Conservation Easement for Restoration Systems, LLC, over a Portion of the Lands of Farfields, LLC, Current Owners per D.B. 1697, Pg. 489 (PIN Numbers 4749-68-0128 & 4749- 79-2203), Elm Grove, Number Four Township, Edgecombe County, North Carolina" dated January 24, 2022, by John A. Rudolph, PLS Number L-4194, K2 Design Group, and recorded in Plat Cabinet 13, Slide 224, Edgecombe County Register of Deeds. (Recording information to be provided) 360857M.M.26275729424 12 Page 13 of 14 AND SUCH CONSERVATION EASEMENT AREAS TOGETHER WITH that certain new twenty (20') feet -wide non-exclusive access easements labeled as "ACCESS EASEMENT F for ingress, egress, and regress and as shown on the foregoing plat of survey recorded in Plat Cabinet 13, Slide 224, Edgecombe County Register of Deeds. 3608570v2.JBB.26275.T29424 13 Page 14 of 14 EXHIBIT B GRANTOR'S LAND DESCRIPTION OVER WHICH THE PROPERTY (CONSERVATION EASEMENT) IS LOCATED Those certain tracts or parcels of real property located in Four Township, Edgecombe County, North Carolina described as follows: Being in No. 4 Township, Edgecombe County, North Carolina and located approximately 5 miles North from the Town of Tarboro on the easterly side of U. S. Hwy. #258 that runs from the Tarboro to Scotland Neck and containing 259.61 acres according to survey of Robert F. Wilson dated September, 1958 and adjoining the land of C. C. Stokes and Romaine Howard on the South, U. S. Hwy. #258 on the West; A. T. White and others on the North and Fred L. Davenport on the East. BEGINNING at a point in the easterly right-of-way line of U. S. Hwy. #258, a corner with C. C. Stokes where said Stokes line crosses U. S. Hwy. #258, thence along the easterly right-of-way line of U. S. Hwy. #258 North 8 deg. 45 min. West 2876 feet, cornering; thence North 44 deg. East 312 feet, cornering; thence North 70 deg. 45 min. East 3399 feet to a point 666 feet from the Deep Creek, corner with Fred L. Davenport land; thence with the Davenport line South 0 deg. 45 min. East 3986 feet to a point in the right-of-way of the Atlantic Coast Line Railroad, cornering; thence South 78 deg. West 570 feet, thence North 87 deg. West 1992 feet along the Romaine Howard line to a comer with C. C. Stokes; thence South 72 deg. West 537.5 feet to the easterly right-of-way line of U. S. Hwy. #258, the point of beginning. Being a portion of the identical property conveyed by T. P. Jenkins to Mamie R. Jenkins, Samuel G. Jenkins and Martha Louise Jenkins by deed dated April 26, 1911 and recorded in Book 160, Page 131, Edgecombe Public Registry, the interest of Mamie R. Jenkins who dies intestate May 9, 1934 having been inherited by Samuel G. Jenkins and Martha Jenkins Marsh as her sole heirs at law and by intestate succession. AND BEING the identical property conveyed to Royce C. Bone by Quitclaim Deed dated December 29, 1983 and recorded in Book 954, Page 752, Edgecombe County Public Registry. Also being the identical property described in a Deed dated September 10, 2012 from Royce C. Bone and wife Julia F. Bone to Elm Grove Farms, LLC and recorded in Book 1587, Page 610, Edgecombe Public Registry. Further being the same property described in a Deed dated March 30, 2015 from Elm Grove Farm, LLC to George G. Jenkins and recorded n Book 1627, Page 572, Edgecombe Public Registry, to which reference is hereby made for a further and more particular description. 3608570v2.J1313.26275.T29424 14 Page 1 of 1 1 1 DEED REFERENCE(S): BEING A PORTION OF TRACT ONE RECORDED IN D.B. 1697, PG. 489, OF THE EDGECOMBE COUNTY REGISTER OF DEEDS. MAP REFERENCE(S): P.C. 10, SL. 295 P.C. 11, SL. 175 CERTIFICATION OF EXEMPTION (PIN NUMBERS 4749-68-0128 & 4749-79-2203): I (We) hereby certify that I am (We are) the Owner(s) of tract one shown and described hereon, which was conveyed to me (us) by deeds recorded in D.B. 1679, Page 751,tract one, and that we hereby adopt the plan of conservation easement shown on this plat and that the conservation easement shown is an exception to the Subdivision Ordinance of Edgecombe County, North Carolina. bate Represe at' of Farfield , STATE OF NORTH CAROLINA COUNTY OF EDGECOMBE <7 Filed for registration at U ,�19 ' M. 2022 in the Register of Deeds Office. Recorded in P.C. , SL._��q. a L,+ 2 .bg L- Register of Deeds By STATE OF NORTH CAROLINA COUNTY OF EDGECOMBE I, , Review Officer of Edgecombe County, certify that the map or plat to which this certification is a fixed meets all statutory requirements for recording. Date Review Officer SURVEYORS CERTIFICATION(S) Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground utilities or any other features above, or below ground other than those shown. However, no visible evidence of cemeteries or utilities, aboveground or otherwise, was observed by the undersigned (other than those shown). I certify that the survey is of another category such as the recombination of existing parcels, a court -ordered survey, or other exception to the definition of subdivision (conservation easement). I, JOHN A. RUDOLPH, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book SEE , Page REFS , etc.) (other); that the boundaries not surveyed are clearly indicated as drawn from information found in Book page ; that the ratio of precision or positional accuracy as calculated is 1 /10,000+; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, license number and seal this 24th day of January, A.D., 2022. SEAL OR STAMP y- �����1111111j�� �194 O.''FESSIp/0'rofessional Land Surveyor License Number •�o 1Z SEAL L-4194 -7 o z °tit o SCR\J5 • 'oQ\: 7//SHLEY /Ill CORNER DESCRIPTIONS CORNER DESCRIPTION No. 5 REBAR FLUSH WITH GRADE WITH A 0�l T H R U 30 YELLOW PLASTIC CAP INSCRIBED: "CONSERVATION EASEMENT" 9 LEANING AXLE 3.5' ABOVE GRADE 110 1.5" O.D. IRON PIPE LEANING 0.8' BELOW GRADE 111 No. 5 REBAR FLUSH WITH GRADE 112 NOT USED No. 5 REBAR FLUSH WITH GRADE GRADE 113 INSCRIBED WITH "K2 DESIGN CONTROL POINT" SUITABLE FOR GNSS OBSERVATION 74 FARFIELDS, \ D.B. 1697, PG \ TRACT ON m m \ \m S \ N yZ-\ CP 1 a� o ✓ m \ 20v/ m � 36" CMP-\ OF ACCESS EASEMENT I NEW 20' WIDE NON-EXCLUSIVE ACCESS EASEMENT (WIDTH VARIES) FOR INGRESS, EGRESS & REGRESS TO BE CONVEYED TO RESTORATION SYSTEMS, LLC (AREA= 0.01 ACRES± BY COORDINATE COMPUTATION) CONSERVATION EASEMENT ACREAGE DATA: CONSERVATION FARFIELD, LLC EASEMENT AREA I D.B. 1697, PG. 489, TRACT ONE 22.48 ACRES± 22.48 ACRES± PIN 4749-68-0128 & 4749-79-2203 TOTAL CONSERVATION EASEMENT EXCLUDING 22.48 ACRES± ROAD R/W COORDINATE COMPUTATION L26 26 ISS, REFERENCE POINT ONLY (SUITABLE FOR GNSS OBSERVATION) S51 °46'58"E 169.43' (TIE DOWN) `�8 L29� 30 C FARFIELDS, LLC D.B. 1697, PG. 489 TRACT ONE LINE DATA ALONG CONSERVATION EASEMENT AREA i LINE BEARING DISTANCE L1 S39-54'23"W 66.60' L2 S55°31'43"W 71.94' L3 S55°31'43"W 186.71' L4 S39°39'03"E 227.20' L5 S39-39'03"E 65.84' L6 S15°36'54"E 70.30' L7 S00°50'11"E 47.57' L8 S44-32'48"W 282.75' L9 N74°27'36"W 103.67' L10 N63°49'28"W 50.16' Lll N53°10'32"W 128.86' L12 S26°25'21"W 125.17' L13 S43-3656"W 76.71' L14 S58°56'41"W 58.91' L15 S76°31'36"W 156.17' L16 N16°562TW 296.68' L17 N16°56'27"W 75.00' L18 N16"51'44"W 331.80' L19 N16°5011"W 50.00' L20 N16°5011"W 220.36' L21 N47°41'39"E 104.74' L22 N67-06'03"E 107.35' L23 N16'10'49"E 87.22' L24 N29°12'55"E 90.26' L25 N35-13'49"E 277.19' L26 N79°55'52"E 31.09 S53°46'42"E 375.49' S51°30'36"E 88.18' L N83°40'52"E 91.01' S30°35'58"E 377.11' \ 111NISS 16 N73°04'01"E FARFIELDS, LLC 21.83' \\ D.B. 1697, PG. 489 \ (TIE DOWN) TRACT ONE \ \ N16°55'59"W 575.37' \ (TIE DOWN) FROM EIP 110 1os \ \ UP TO ISS 111 AXLE _ / \ / / IIIIIIII�IIIIIIIIIIIII�IIIIIIIIIIIIIII�IIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIII \ ZaV� 32/ g6 5,� 30 / Ag8'0�1N1 Doc ID: 003888530001 Type: CRP Recorded: 02/10/2022 at 10:38:54 AM Fee Amt: $21.00 Page / 1 of 1 EDGECOMBE COUNTY, NORTH CAROLINA Vila R. Anderson Register of Deeds I V BK13 PG224 m EIP 110 �z �O-o RESTORATION SYSTEMS, LLC 1101 HAYNES STREET SUITE 211 RALEIGH, NC 27604 FEMA FLOOD STATEMENT: THE AREA REPRESENTED BY THIS PLAT IS NOT LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP NUMBER(S) 3710953800J, ZONE(S) X, DATED: SEPTEMBER 6, 2006. LEGEND: ISS - IRON STAKE SET ECM - EXISTING CONCRETE MARKER EIP - EXISTING IRON PIPE EN - EXISTING NAIL MNS - MAG NAIL SET EIS - EXISTING IRON STAKE EPP - EXISTING PUMP PIPE EIB - EXISTING IRON BAR PPS - PUMP PIPE SET NMC - NON-MONUMENTED CORNER R/W - RIGHT OF WAY EOP - EDGE OF PAVEMENT E/B - EASEMENT BOUNDARY CL - CENTERLINE UP - UTILITY POLE P.B. - PLAT BOOK D.B. - DEED BOOK PG. - PAGE CMP - CORRUGATED METAL PIPE CPP - CORRUGATED PLASTIC PIPE RCP - REINFORCED CORRUGATED PIPE MW - MONITORING WELL SG - STREAM GAUGE O NON-MONUMENTED CORNER No. 5 REBAR WITH YELLOW PLASTIC • CAP INSCRIBED: "CONSERVATION EASEMENT" FLUSH WITH GRADE -- CONSERVATION EASEMENT LINE - - - - - TIE DOWN LINE RIGHT OF WAY LINE OR ADJOINER LINE EASEMENT LINE x FENCE LINE e UTILITY LINE r GENERAL NOTES: NO HORIZONTAL CONTROL EXISTS WITHIN 2000 FEET. NOTE: NO ABSTRACT OF TITLE, NOR TITLE COMMITMENT, OR RESULTS OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT MAY AFFECT THIS SURVEYED PARCEL. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES. COORDINATES SHOWN ARE BASED ON LOCALIZED GROUND DISTANCES OTHER THAN ISS 113 SEE DATUM DESCRIPTION. DATUM DESCRIPTION THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PLAT IS BASED ON NORTH CAROLINA STATE PLANE COORDINATES ESTABLISHED BY USING THE ONLINE POSITIONING USER SERVICE (OPUS) PROVIDED BY THE NATIONAL GEODETIC SURVEY. ISS 1 33 NC GRID COORDINATES NAD 83 (2011) N=799,008.9630' E=2,446,069.0186' THE AVERAGE COMBINED GRID FACTOR USED ON THIS PLAT IS 0.99994714 (GROUND TO GRID). THE N.C. LAMBERT GRID BEARING AND LOCALIZED HORIZONTAL GROUND DISTANCE FROM ISS 0 TO ISS so IS S 51°46'58" E 169.43 FEET. ALL LINEAR DIMENSIONS ARE LOCALIZED HORIZONTAL DISTANCES. GEOID-2012B CONUS GNSS RECEIVER - TOPCON HIPER V WITH MINIMUM TIME OF 2+ HOURS COMPLETED ON 02/11121 THE FOLLOWING BASE STATIONS WERE USED: PID DESIGNATION LATITUDE (m) LONGITUDE (m DN8741 NCWM WILLIAMSTON CORS ARP N354949.757 W0770206.209 DK7576 NCNA NASHVILLE CORS ARP N355809.068 W0780111.341 DH7133 NCJA JACKSON NC CORS ARP N362430.563 W0772615.308 SHEET 1 OF 1 CONSERVATION EASEMENT FOR RESTORATION SYSTEMS, LLC OVER A PORTION OF THE LANDS OF FARFIELDS, LLC CURRENT OWNERS PER D.B. 1697, PG. 489, (PIN NUMBERS 4749-68-0128 & 4749-79-2203) ELM GROVE NUMBER FOUR TOWNSHIP EDGECOMBE COUNTY NORTH CAROLINA (THE FIELD SURVEY TOOK PLACE DURING, JUNE & JULY 2021) 200 100 0 200 400 600 GRAPHIC SCALE I" = 200'