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HomeMy WebLinkAbout20220293 Ver 2_2023.11.01 Britt & Hales As Built MY 0 Report_20231101As -Built & Baseline Monitoring Report Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site Neuse River Basin HUC 03020201 (excluding the Falls Watershed) Wayne County, North Carolina NCDWR Project #: 2022-0293 V2 SPONSORED BY: PREPARED BY: %$Ad. I I ec,terrc WADAMS 117 Centrewest Court 621 Hillsborough St, Suite 500 Cary, NC 27513 Raleigh, NC 27603 OCTOBER 2023 PREPARED FOR: I - C� Environmental Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site TABLE OF CONTENTS AS -BUILT & BASELINE MONITORING REPORT.........................................................................................................I BRITT & HALES NUTRIENT OFFSET & RIPARIAN BUFFER MITIGATION SITE..............................................................I 1.0 MITIGATION PROJECT SUMMARY.................................................................................................................4 1.1 INTRODUCTION...............................................................................................................................................4 1.2 PROJECT GOALS..............................................................................................................................................4 1.3 EXISTING CONDITIONS AND PARCEL VIABILITY......................................................................................................5 2.0 RESTORATION ACTIVITIES.............................................................................................................................6 2.1 PARCEL PREPARATION.....................................................................................................................................6 2.2 RESTORATION ACTIVITIES.................................................................................................................................7 3.0 PROJECT CREDIT POTENTIAL.........................................................................................................................8 4.0 ANNUAL MONITORING AND PERFORMANCE CRITERIA................................................................................8 4.1 PERFORMANCE STANDARDS..............................................................................................................................8 4.2 VEGETATION..................................................................................................................................................9 4.3 PHOTO REFERENCE STATIONS............................................................................................................................9 4.4 VISUAL ASSESSMENTS....................................................................................................................................10 4.5 ANNUAL REPORTING PERFORMANCE CRITERIA...................................................................................................10 4.6 PARCEL MAINTENANCE..................................................................................................................................10 4.7 PARCEL BOUNDARY MAINTENANCE.................................................................................................................10 5.0 FINANCIAL ASSURANCES............................................................................................................................11 6.0 COMPLIANCE ACTION PLAN........................................................................................................................11 6.1 MODIFIED CREDIT RELEASE SCHEDULE..............................................................................................................12 7.0 REFERENCES...............................................................................................................................................13 • Britt & Hales As -Built & Baseline Monitoring Report ii eco,erm HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site Tables Table 1: Water Quality and Ecological Goals and Objectives Table 2: Project Attributes Table 3: Planted Tree Species Table 4: Timeline of Project Activities, Notifications and Approvals Table 5: Project Credit Table Table 6: Planted and Total Stem Counts Table 7: Vegetation Performance Standards Summary Appendices Appendix A. Figures and Project Credit Table Figure 1 - Vicinity Map Figure 2 - Credit Service Area Map Figure 3 - Credit Generation & Vegetation Plot Map Figure 4 — Monitoring Map Table 5: Project Credit Table Appendix B. NCDWR Correspondence NCDWR Applicability to the Neuse River Basin Buffer Rules Letter — April 19, 2022 NCDWR Site Viability for Buffer Mitigation and Nutrient Offset Letter — June 15, 2022, 2022 Notification and Request for Site Visit Letter — April 24, 2023 NCDWR Notification of Non -Compliance — May 4, 2023 Appendix C. As -Built Survey Appendix D. Vegetation Plot Data Table 6: Planted and Total Stem Counts Table 7: Vegetation Performance Standards Summary Vegetation Plot Photographs Appendix E. Site Photographs Appendix F. Recorded Conservation Easement Appendix G. Financial Assurances Performance/Maintenance Bond `/ Britt & Hales As -Built & Baseline Monitoring Report iii eCOlerrC- HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site 1.0 Mitigation Project Summary 1.1 Introduction The Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site (Parcel) is located near Mount Olive, NC, in the Upper Falling Creek watershed of the Neuse River Basin. The project site is approximately 6.5 miles northwest of the Town of Mount Olive and 1.7 miles south of US Highway 13 on McArthur Pond Road in Wayne County, NC (Figure 1). The Bank Parcel Development Package (BPDP) was approved under the Britt and Hales Mitigation Banking Instrument (MBI) between the North Carolina Division of Water Resources (NCDWR) and Eco Terra, LLC, the Bank Sponsor (Eco Terra or Sponsor). The Parcel is approximately 24.7 acres (ac) or 1,076,524 square feet (sf) of a 180-ac tract that encompasses a series of forked, interconnected ditches and unnamed tributaries to Falling Creek. The project is located within the Neuse River Basin hydrological unit code (HUC) 03020201, excluding the Falls Watershed. The BPDP was approved for riparian buffer and nutrient offset credit in the service area designated by Neuse River Basin HUC 03020201, excluding the Falls Watershed (Figure 2). The Parcel is in the headwaters of three unnamed tributaries and three agricultural ditches that converge and flow into an unnamed tributary to Falling Creek, approximately 1.8 miles downstream of the project area, and subsequently into the Neuse River. According to the as -built survey and most recent, at time of BPDP review and approval, DWR Buffer Mitigation Calculation Tool V.5 (updated November 2022), the Parcel is expected to generate 333,957.870 riparian buffer credits (RBC) and 33,148.872 pounds (Ibs) of nitrogen nutrient offset credits (NOC). The Parcel addresses agricultural runoff by reducing sediment and nutrient loading into the unnamed tributaries and Falling Creek. Falling Creek is classified as Water Supply (WS-IV) and Nutrient Sensitive Waters (NSW) by NCDWR with an impairment for dissolved oxygen. The project area and surrounding areas are open agricultural land, primarily farmed for row crops. The project improves terrestrial habitats along the streams and ditches by establishing and preserving the riparian buffers and adjacent riparian areas and allowing the land to undergo a natural succession to a forested community. The project restores forested riparian buffers and adjacent riparian areas a minimum width of 50 feet from tops of banks and extend out to a maximum of approximately 200 feet from the project features (streams and ditches) and will remove rotating crops and fertilizer inputs. The restored riparian buffer and adjacent riparian areas filters agricultural runoff from the surrounding farm fields and provide shading to reduce stream temperatures and improve aquatic habitat. Invasive vegetation will be managed as needed within the project area to promote native vegetation. 1.2 Project Goals The major goal of the proposed buffer and adjacent riparian area restoration is to improve water quality through ecological enhancements within the Neuse River Basin. This is being accomplished with specific goals to address agricultural runoff, including nutrients and sediment, �`� Britt & Hales As -Built & Baseline Monitoring Report 4 eCOlerrC. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site restore terrestrial habitat and protect the project parcel in perpetuity. Specific goals and objectives are outlined in Table 1. Table 1: Water Quality and Ecological Goals and Objectives Goal Objective Establish and restore riparian buffers and adjacent riparian areas to filter runoff and subsurface flows from Reduce nutrient loading adjacent agricultural fields. Remove fertilizer input through conversion of agricultural field to forested ri arian buffer. Establish and restore riparian buffers and adjacent Reduce sediment loading riparian areas to filter runoff from adjacent agricultural fields. Provide vegetative bank stabilization to decrease sediment input. Establish a wide riparian corridor with canopy closure to Decrease water temperature and filter nutrients and provide stream shading, reducing increase dissolved oxygen water temperature and increasing concentration of dissolved oxygen. Restore terrestrial habitat Plant riparian corridor with native vegetation and manage i nva s ives. Protect project in perpetuity Implement and record a conservation easement on the Parcel. 1.3 Existing Conditions and Parcel Viability The restored Parcel has converted approximately 22.2 acres of agricultural row crop fields to forested buffers and riparian areas along three unnamed tributaries (UT1, UT2 and UT3) and three agricultural ditches (Ditch Al, 131 and 132). Additionally, this project will preserve approximately 0.2 acres of existing forested riparian area along UT1. All credit areas have been protected in perpetuity by a recorded conservation easement of approximately 24.7 acres in total area. Refer to Figure 3 and Appendix A for the Credit Generation & Vegetation Plot Map. Ditch Al emerges from a farm road to the south of the Parcel, flows north along the eastern border of the Parcel before turning west through the project area transitioning into UT1. UT1, an intermittent stream, continues to flow west, turns to the north before it merges with UT2 which continues northward as UT3 to the Parcel terminus. Ditches 131 and B2 flow east and west, respectively, until the transition/confluence with UT2, an intermittent stream. UT2 flows west to the confluence with Ditch 132, turns north and then northeast through the site until its confluence with UT1. It should be noted the centerline of Ditch Al forms the eastern boundary of the conservation easement. The Parcel is composed of and surrounded entirely by agricultural fields with the exception of two small wetland areas with existing trees and vegetation that have been preserved along UT1 and Ditch Al. Project attributes associated with the Parcel are outlined in Table 2. �`� Britt & Hales As -Built & Baseline Monitoring Report 5 eCOlerra. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site Table 2: Project Attributes Project Name Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Hydrologic Unit Code rime � � River Basin Service Area J Neuse 03020201, excluding the Falls Watershed Geographic Location (Lat, Long) i : • Site Protection Instrument Julmw : Type of Credits Riparian Offset Total Credits 333,957.870 ': BPDP Date • Initial Planting Date Baseline Report Date October 2023 MY1 Report Date December MY2 Report Date December 2024 MY3 Report Date December 2025 MY4 Report Date December 2026 MYS Report Date December Riparian Buffer Credit (RBQ 2 Nutrient Offset Credit (NOQ NCDWR staff visited the project Parcel on March 4, 2022 to review features and determine applicability to the Neuse River Basin Riparian Area Protection Rules, Title 15A NCAC 02B .0714. NCDWR issued the official Stream Call Determination letter on April 19, 2022. On May 19, 2022, NCDWR staff re -visited the site to determine the potential for riparian buffer mitigation and nutrient offset within the proposed easement boundary per 15A NCAC 02B .0295 and 15A NCAC 02B .0703, respectively. NCDWR issued the official Site Viability letter on June 15, 2022. A copy of both the "Applicability to the Neuse River Basin Buffer Rules" and "Site Viability for Buffer Mitigation and Nutrient Offset" letters issued by NCDWR are provided in Appendix B. NCDWR staff visited the project Parcel on May 8, 2023 to verify as -built conditions. 2.0 Restoration Activities 2.1 Parcel Preparation The existing erosion and sink hole noted as areas of concern in the Site Viability for Buffer Mitigation & Nutrient Offset letter dated June 15, 2022 were stabilized with minor bank grading, and temporary and permanent seeding. Bank stabilization was applied to isolated areas along the banks of Ditch B1, UT2 and where the 30-inch RCP culvert was removed and relocated out of the easement. Additionally, the concrete debris and trash that existed along the forested area that was converted to a riparian preservation area was removed and stabilized with hand -planted trees and temporary and permanent seeding. �` o Britt & Hales As -Built & Baseline Monitoring Report 6 eCOlerrC. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site Prior to the riparian restoration, the land was in agricultural row crop production, therefore the site preparation required minimal soil disturbance. Soil ripping occurred in mechanically planted rows to break up plow pans and compacted soils and where farm paths were planted. A limited number of invasive plants were present and treated with an aquatic -safe herbicide that was applied by a licensed NC pesticide applicator. 2.2 Restoration Activities The Parcel was planted between March 30 and April 1, 2023, in accordance with the draft BPDP and MBI, which were ultimately approved April 21, 2023. The entire area proposed for restoration and development of nutrient offset and riparian buffer credits was planted with native tree species and permanent seeding to convert the active farming area to a vegetated riparian corridor. Because the land within the Parcel had been historically used for agricultural row crop production, it required minimal soil disturbance to install the plants. Planting activities utilized both mechanical and manual methods depending on site conditions. Bare root trees were well mixed in the bags prior to being planted to ensure adequate distribution across the Parcel and installed at an approximate spacing of 6 feet by 10 feet. It is expected that the initial planted density will be sufficient in meeting the performance standards outlined in the Rule 15A NCAC 02B .0295 and in the approved MBI of 260 trees per acre at the end of five years. Table 3 provides a summary of the tree species and permanent seeding planted along with their density and composition which matches the proposed planting plan in the approved BPDP. Table 3: Planted Tree Species Scientific Name Common Planting Number + Density % of L Carpinus caroliniana Name American Zone* MMF/SSS Planted 1000 (43 stems/acre) Total 6% Hornbeam Diospyros virginiana Persimmon MMF/SSS 1500 (65 stems/acre) 9% Fraxinus Green Ash SSS 500 (22 stems/acre) 3% enns lvanica Nyssa biflora Swamp Tupelo SSS 500 (22 stems/acre) 3% Nyssa sylvatica Blackgum MMF 1000 (43 stems/acre) 6% Platanus occidentalis Sycamore MMF/SSS 2000 (86 stems/acre) 12% Quercus lyrata Overcup Oak SSS 1000 (43 stems/acre) 6% Quercus michauxii Swamp MMF/SSS 2500 (108 stems/acre) 15% Chestnut Oak Quercus nigra Water Oak MMF/SSS 1500 (65 stems/acre) 9% Quercus pagoda Cherrrybark MMF 1500 (65 stems/acre) 9% a Quercus phellos Willow Oak MMF/SSS 2700 (116 stems/acre) 16% Quercus shumardii Shumard Oak MMF 1000 (43 stems/acre) 6% Andropogon gerardi Big bluestem Permanent Seed Mix �`i Britt & Hales As -Built & Baseline Monitoring Report 7 eCOlerrC. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site Panicum virgatum Switchgrass Permanent Seed Mix Sorghastrum nutans Indiangrass Permanent Seed Mix *SSS-small stream swamp; MMF-mesic hardwood forest 3.0 Project Credit Potential The potential project credits are based on the top of bank of the three unnamed tributaries (UT1, UT2 and UT3) and three agricultural ditches (Ditch Al, B1 and B2). All areas within 200-linear feet landward of the top of bank were planted (with the exception of the preservation area adjacent to UT1) and accounted as either riparian buffer credit or nutrient offset credit with the exception of the area where diffuse flow cannot be attained from Ditch Al. The entire conservation easement boundary was planted; however, a credit deduction has been calculated for the 60- degree angle where Ditch Al enters the easement boundary. Refer to Figure 3 for a depiction of the Riparian Buffer and Nutrient Offset Credit areas for the Parcel. Riparian restoration adjacent to the streams is primarily intended to be used to generate RBC out to 100 feet and to generate NOCs beyond 100 feet in width. RBC's generated from preservation areas are capped at 25% of the total area. The Parcel's preservation area represents 1.9% of total area. Riparian restoration adjacent to the ditches will be used to generate NOC because they are not viable to generate RBC. Potential mitigation credits are based upon the most recent, at time of BPDP review and approval, NCDWR Buffer Mitigation Calculation Tool v5 (updated November 2022) and the as -built survey (Appendix Q. There were no major deviations from the approved BPDP. Credit calculations based on the as -built survey resulted in a slight reduction in credit area from what was previously calculated via GIS in the approved BPDP. This equated to a reduction of 0.835 Ibs N NOC and 411.914 RBC's. The project's credit potential is depicted in the Project Credit Table (Table 5, Appendix A). 4.0 Annual Monitoring and Performance Criteria The maintenance and monitoring plan has been developed to demonstrate required performance standards and success criteria are met and project goals and objectives are achieved. 4.1 Performance Standards The performance standards for the project follow approved criteria presented in the Buffer Mitigation Rule (15A NCAC 02B .0295). Annual monitoring and semi-annual site visits will be conducted to assess the condition of the finished project. Performance standards will be evaluated throughout the five-year post -construction monitoring period and summarized annually in the monitoring report. The annual report will provide project data and chronicle issues that arise during the five-year monitoring period. The first growing period will be documented in the first annual report to be completed in the fall 2023. Eco Terra will submit annual monitoring reports to NCDWR by December 31 st of each year for at least 5 consecutive years until project �`� Britt & Hales As -Built & Baseline Monitoring Report 8 eCOlerrC. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site close-out and will follow the terms and conditions of the approved Britt & Hales MBI. Although the approved credit release schedule has been modified due to cited non-compliance with the Parcel (see Section 6.0 for more details), the vegetation data for Monitoring Year 1 will be submitted to NCDWR by December 31, 2023 despite no credit release for Year 1. Performance criteria includes standardized vegetation plot establishment and annual monitoring for planted stems including individual plot photo documentation, overall site photo documentation, biannual visual assessments for project status and easement integrity including herbaceous and/or invasive species competition, stem mortality, stand health, incidental damage from agricultural equipment, and stem loss or damage from natural causes such as fire, disease, or animal impacts. Figure 3 (Appendix A) illustrates the location of the project easement, permanent vegetation plots/photo points, as well as overall site photo points. 4.2 Vegetation Eighteen (18) 10-meter by 10-meter permanent vegetation plots were established according to the most recent Carolina Vegetation Survey (CVS) — NC Ecosystem Enhancement Program (EEP) Protocol for Recording Vegetation, V4.2 (2008). Representative vegetation plots were established within the restored riparian buffer and adjacent riparian areas at a minimum density of 2% of the planted area. In order to meet performance standards and determine stem health, species, height, planting date and vigor have been documented for each monitoring plot. Vegetation assessments were completed in April 2023 following the CVS-EEP Level I protocol. Baseline data collection resulted in a planted stem density ranging from 526 - 809 stems per acre which surpasses the performance standard requiring survival of 260 stems per acre at the end of the five-year monitoring period. Baseline or monitoring year zero (MYO) vegetation stem data is included in Table 6 (Appendix D). Additional vegetative success criteria to ensure that plots are diverse is the survival of at least four native hardwood tree species where no one species represents more than 50% of the planted stems. The Parcel's baseline plot data shows 12 native hardwood species with a minimum of 4 distinct species per plot and an individual species maximum equal to 47% percent composition of the planted stems. Upon NCDWR approval, desirable native volunteer species may be included in the overall tree density for the Parcel to meet performance standards and success criteria. 4.3 Photo Reference Stations The vegetation plots were photographed from the southwest corner (origin) of each plot. Nine additional Parcel reference photos were taken at designated points along the conservation easement boundary providing an overall view of the Parcel and documenting project success. Refer to Appendix D and E for vegetation plot and Parcel reference photo documentation, respectively. All photo points locations were georeferenced for map production to provide a consistent means for photo replication annually and in the event a plot or photo location must be reestablished during the monitoring period. Photo orientation (direction and/or bearing) were recorded as well as approximate vertical position for consistency in photo logging. �`� Britt & Hales As -Built & Baseline Monitoring Report 9 eCOlerrC. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site 4.4 Visual Assessments Additional observations were made of site conditions and vegetation conditions for the restored areas outside of the monitoring plots. This biannual effort will be made to appropriately monitor changing site conditions and address any issues ensuring Bank success and performance criteria are met after the monitoring period. Any site problems will be noted and discussed in the annual reports and monitored biannually to ensure performance criteria are met following any remedial action. 4.5 Annual Reporting Performance Criteria All monitoring reports, including this baseline report, will be compiled and submitted to NCDWR annually in accordance with the approved MBI. Annual monitoring will occur for a minimum of five years or until performance criteria are met. 4.6 Parcel Maintenance Any site observations identified through the vegetation plot monitoring or visual assessments, whereby performance criteria is not being met, will be documented in the annual reports with recommended adaptive measures. NCDWR will be notified, and if necessary, Eco Terra will collaborate with NCDWR to develop the adaptive measures or remedial actions for implementation to correct the performance criteria deficiency. Any adaptive measures implemented will be designed to achieve the performance success criteria and monitoring measures will be adjusted accordingly, if necessary. Any Parcel maintenance activities will be included in annual monitoring reports. As noted in the approved BPDP, effective herbicide application is critical to success of restoration areas, primarily historical agricultural land. Herbicides approved for aquatic environments will be applied as necessary and in accordance with the NCDA rules and regulations by a qualified NC licensed pesticide/herbicide applicator. Prior approval from NCDWR is required if mowing within Zones 1 and 2 of the Neuse River basin buffers is deemed necessary. 4.7 Parcel Boundary Maintenance Conservation easement boundaries were marked in the field with 6-foot U-channel posts to ensure clear distinction between the Parcel and adjacent properties. Long-term stewardship signs were attached to the posts and placed at approximate 200-foot intervals along the outer perimeter of the Parcel to identify the conservation easement. All easement boundaries will be visually assessed twice per year as part of the monitoring protocol. Boundary markers incidentally destroyed, damaged or disturbed will be repaired and/or replaced as needed during the monitoring period and in the future under the long-term trustee management. Any easement encroachment or performed maintenance will be documented in the annual monitoring reports. �`� Britt & Hales As -Built & Baseline Monitoring Report 10 eCOlerrC. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site 5.0 Financial Assurances After BPDP approval and prior to the first credit release, Eco Terra, LLC secured a Performance/Maintenance bond in the penal amount of 100 percent of the estimated cost, but not less than $150,000. The Financial Assurance was fully approved by NCDWR and signed by Mr. Richard Rogers Jr., NCDWR Director, on May 16, 2023. Upon NCDWR approval, the penal sum may be lowered each year based on the adjusted cost to complete monitoring activities. Performance bonds for monitoring shall be secured annually for a minimum of five (5) years to cover the next year's monitoring period, with confirmation of renewal provided to NCDWR with each annual monitoring report (when applicable). The Performance/Maintenance bond will be in place until NCDWR has released all RBC and NOC to the Bank Sponsor. A copy of the secured Performance/Maintenance bond is provided in Appendix G. 6.0 Compliance Action Plan The Parcel was initially planted from March 30 to April 1, 2023. Parcel preparation activities (vegetation plot installations, easement boundary demarcation and signage) occurred on March 29, 2023. Eco Terra acknowledges that these actions took place prior to written NCDWR approval of the Britt & Hales MBI and BPDP on April 21, 2023. On May 4, 2023 NCDWR issued a Notification of Non -Compliance to Eco Terra, LLC for commencing mitigation activities prior to receiving NCDWR approval of the Britt & Hales MBI and BPDP. The NCDWR Non -Compliance correspondence is included in Appendix B. A timeline of all the activities, notifications, and approvals associated with the project is presented in Table 4. Table 4: Timeline of Project Activities, Notifications and Approvals �`� Britt & Hales As -Built & Baseline Monitoring Report 11 eCOlerrC. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site Due to the Site's cited non-compliance, NCDWR will not proceed with the issuance of credit releases for the proposed buffer mitigation credits and proposed nutrient offset credits for Year 1 monitoring. However, Eco Terra, LLC will still submit Year 1 monitoring data by December 31, 2023. The Site's credit release schedule has been modified to reflect these changes. 6.1 Modified Credit Release Schedule �` o Britt & Hales As -Built & Baseline Monitoring Report 12 eCOlerrC. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site 7.0 References 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. 2015. 15A NCAC 02B .0703 Nutrient Offset Credit Trading. 2020. 15A NCAC 02B .0714 Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers. 2020 Eco Terra, LLC. (2023). Britt and Hales Mitigation Bank Parcel Development Package. NCDWR. Raleigh, NC. Eco Terra, LLC. (2023). Britt and Hales Mitigation Banking Instrument in the Neuse River Basin for Nutrient Offset and Riparian Buffer Mitigation Credits pursuant to the Neuse River Basin Nutrient Management Strategy. NCDWR. Raleigh, NC Lee, M.T., Peet, R.K., Roberts, S.D., & Wentworth, T.R. 2008. CVS-EEP Protocol for Recording Vegetation Version 4.2. Available at: http://cvs.bio.unc.edu/protocol/cvs-eep-protocol-v4.2-lev1- 2.pdf �` o Britt & Hales As -Built & Baseline Monitoring Report 13 eCOlerrC. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site APPENDIX A Figures and Project Credit Table `•A# Britt & Hales As -Built & Baseline Monitoring Report eCOlerra. HUC 03020201, Excluding Falls Watershed October 2023 Wayne County 165 R Obeny Rd n P. J„hn 70 Project Site to Sampson 117 of d sb oro n= 159 R Oberry Rd s� Green I', O 0 0.1 0.2 0.4 Legend Miles M Conservation Easement Prepared For: BRITT & HALES NUTRIENT OFFSET & FIGURE Drawn /2/ 023 y RIPARIAN BUFFER MITIGATION SITE Date:3/z/zoz3 `� VICINITY MAP Project No.: ECT22001 Scale: 1 in = 0.2 miles MCADAMS eC0 terra. Neuse 03020201, excluding Falls Watershed Wayne County, INC Hyco Lake r- N yvllle F .P.,o. 5 = " m /.na(d C s le Prepared For: BRITT & HALES NUTRIENT OFFSET & FIGURE Drawn By: KAB RIPARIAN BUFFER MITIGATION SITE Date:3/2/2023 `/ CREDIT SERVICE AREA MAP Project No.: ECT22001 I��ol�rra, Neuse 03020201, excluding Falls Watershed Scale: 1 in = 10 miles WADAMS Wayne County, INC 1 I Legend Q Conservation Easement Streams ••••• Ditches ® UT1, UT2, UT3 Riparian Restoration for RBC (0-100 ft) UT1, UT2, UT3 Riparian Restoration for NOC (101-200 ft) ® Ditch Al, 131 & B2 Riparian Restoration for NOC (0-100 ft) III, Ditch A1, 131 & B2 Riparian Restoration for NOC (101-200 ft) ® Non -Subject UT1 Riparian Preservation for RBC (0-100 ft) Non -Subject UT1 Riparian Preservation for RBC (101-200 ft) ® Non-credit Area 0 As -Built Vegetation Plot Locations (18) OBERRY ROAD Prepared For: BRITT & HALES NUTRIENT OFFSET & Drawn By: KAB FIGURE VA-0CREDIT BUFFER MITIGATION SITE Date:5/5/2023 CREDIT GENERATION & VEGETATION PLOT MAP Project No.: ECT22001 Scale: 1 inch = 300 feet MCADAMS ec6,1erra. Neuse 03020201, excluding Falls Watershed Wayne County, NC Vale I N ft 10 Non-credit Area 131 Ditch 3 18 62 Ditch � O O UT2 Stream Origin UT1 Stream Origin O 60-degree Angle to Deduct Credit for Non -Diffuse Flow O (2,197 sf) a X Z) 2 U Legend Q Conservation Easement Streams • • • • Ditches OBERRY ROAD ® UT1, UT2, UT3 Riparian Restoration for RBC (0-100 ft) = UT1, UT2, UT3 Riparian Restoration for NOC (101-200 ft) ® Ditch Al, 131 & 132 Riparian Restoration for NOC (0-100 ft) IF Ditch Al, B1 & B2 Riparian Restoration for NOC (101-200 ft) ® Non -Subject UT1 Riparian Preservation for RBC (0-100 ft) Non -Subject UT1 Riparian Preservation for RBC (101-200 ft) ® Non-credit Area 0 As -built Vegetation Plot Locations (18) T Additional Photo Station Locations (9) 1 1 11 •11 '� Prepared For: BRITT & HALES NUTRIENT OFFSET & Drawn By: KAB FIGURE J ``/ RIPARIAN BUFFER MITIGATION SITE Date:5/5/2023 Project No.: ECT22001 MONITORING MAP /� Scale: 1 inch = 30o feet T MCADAMS eco,1erra. Neuse 03020201, excluding Falls Watershed Wayne County, NC Table S. Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Bank, NCDWR Project # 2022-0293 V2 , Project Credits Neuse 03020201- Outside Falls Lake Project Area N Credit Conversion Ratio (ft2/pound) P Credit Conversion Ratio (ft2/pound) 19.16394 N/A Credit Type Location Subject? (enter NO if ephemeral or ditch' Feature Type Mitigation Activity Min -Max Buffer Width (ft) Feature Name i Total Area (ft) Total (Creditable) Area of Buffer i Mitigation (ft) Initial Credit Ratio (x:1) %Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: IN (Ibs) Delivered Nutrient Offset: P (Ibs) Buffer Rural No I / P Restoration 0-100 UTS 85,294 85,294 1 300% 1.00000 Yes 85,294.000 Yes 4,450.755 — Buffer Rural Yes I / P Restoration 0-100 UT2, UT3 247,193 247,193 1 100% 1.00000 Yes 247,193.000 Yes 12,898.861 — Nutrient Offset Rural No I / P Restoration 101-200 UTS 41,505 41,505 1 33% 3.03030 No — Yes 2,165.786 — Nutrient Offset Rural Yes I / P Restoration 101-200 UT2, UT3 170,050 170,050 1 33% 3.03030 No — Yes 8,873.436 — Nutrient Offset Rural No Ditch Restoration 0-100 Ditch Al, B3, B2 262,410 262,410 1 100% 1.00000 No — Yes 13,692.904 — Nutrient Offset Rural No Ditch Restoration 101-200 Ditch Al, B3, B2 161,298 161,298 1 33% 3.03030 No — Yes 8,416.745 — Buffer Rural No Ditch Restoration 0-100 Diffused Flow Deduction (Ditch A1 2,197 0 1 100% No — No — — Totals (ft2): Total Buffer (ft2): Total Nutrient Offset (ft2): 969,947 967,750 332,487.000 50,498.488 0.000 334,684 332,487 635,263 N/A Enter Preservation Credits Below Total Ephemeral Area (ft) for Credit Total Eligible Ephemeral Area (ft) Total Eligible for Preservation (ft) Credit Type Location Subject? Feature Type Mitigation Activity Width Min-Maxxh (ft) Buffer Feature Name Rural No / P 0-100 UT1 Rural No 11 101-200 UT1 Preservation Area subtotals TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 332,487 332,487.000 Enhancement: 0 0.000 Preservation: 8,289 1,470.870 Total Riparian Buffer: 340,776 333,957.870 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Nutrient Offset: Nitrogen: Phosphorus: I Square Feet 635,263 Credi 33,148.872 0.000 0 0 85,743 0.0% 111,561 1.9% Total Area (sf) Total (Creditable) Area for Buffer Mitigation (ft) 6,894 6,894 1,395 1,395 8,289 8,289 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). phemeral Reaches as %TABM preservation as %TABM Initial Credit Final Credit Riparian Ratio (x:l) %Full Credit Ratio (x:l) Buffer Credits 5 100% 5.00000 1,378.800 5 33% 15.15152 92.070 last updated 08/03/2020 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site APPENDIX 6 NCDWR Correspondence `•A# Britt & Hales As -Built & Baseline Monitoring Report eCOlerra. HUC 03020201, Excluding Falls Watershed October 2023 LJUL:UJnJ.II CI IVCIUPC ILJ.'FDOOODV'4-LOJlJW:7`4:1-.7'4U1+-I/1l.UH�lJI+I,O l! ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Jordan Burbage Eco Terra LLC iordara ecoterra.com NORTH CAROLINA Environmental Quality April 19, 2022 Project 20220293 V1 Wayne County Subject: Applicability to the Neuse River Basin Buffer Rules 15A NCAC 02B .0714 Project: Britt & Hales Buffer Mitigation Site Address: 150 Mcarthur Pond Rd., Mount Olive, NC 28365, Wayne County Location: Lat., Long: 35.254653,-78.164589 Dear Mr. Burbage: On March 4, 2022, Shelton Sullivan of the Division of Water Resources (DWR) conducted an on -site review of features located on the Britt & Hales Buffer Mitigation Site in Wayne County to determine the applicability of features on the site to the Neuse River Basin Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0714. The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the table below. Streams were evaluated for being ephemeral, at least intermittent, and for subjectivity to the Neuse River Basin Riparian Area Protection Rules. Streams that are considered "Subject" have been located on the most recently published County NRCS Soil Survey and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics that qualify them to be at least intermittent streams. Features that are considered "Not Subject" have been determined to not be at least intermittent, not present on the property, or not depicted on the required maps. This determination only addresses the applicability to the buffer rules within the proposed easement and does not approve any activity within buffers or within waters of the state. There may be other streams or features located on the property that appear or do not appear on the maps referenced above. Any of the features on the site may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. The following table addresses the features observed and rated during the DWR site visit. See the attached site map for the labeled features. e:��ME :P North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 f 919.707.9000 UUUU01yiI CI IVCIUIJV, IU. 4D000O VY-GOJIi-'F.74J-.7Y Lll.i-I/ L'L/I1z1l'%.'UO II Page 2 of 3 Britt & Hales Buffer Mitigation Site Project 20220293 V1 Feature Type: stream (ephemeral, Subject Depicted on Depicted Feature ID intermittent, to Buffer Start @ Stop @ Soil Survey on perennial), Rules USGS Topo ditch, swale, wetland, other Ditch with Near Feature A Al Wider ditch area before No southeast Start at Yes No project Ditch/Stream Feature A boundary transition Start location Yes, but Stream - at A Start, See Confluence has been A least No Pic and Map with B moved to No intermittent current location Feature B B1 Western Start at Ditch Yes project Ditch/Stream h/Stream Yes No boundary transition Stream - at B Start, See Confluence B least Yes Pic and Map with Feature Yes No intermittent A B2 Ditch No See Pic and Confluence Yes No Flag. Feature B Confluence Continues Stream - at with beyond C least Yes northern Yes No intermittent Features A project and B boundary * E: Ephemeral, 1: Intermittent, P: Perennial This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute this determination made by the DWR may request an appeal determination by the Director of Water Resources. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via U.S. Postal Service: Paul Wojoski - DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 Ifsending via delivery service (UPS, FedEx, etc.) Paul Wojoski - DWR 401 & Buffer Permitting Branch Supervisor 512 N Salisbury St. Raleigh, NC 27604 This determination is final and binding as detailed above unless an appeal is requested within sixty (60) calendar days of the date of this letter. UUI:UJIyII CIIVVIUP/ IV. Page 3 of 3 Britt & Hales Buffer Mitigation Site Project 20220293 V1 If you have any additional questions or require additional information, please contact Shelton Sullivan at shelton.sullivanOncdenrngov or 919-707-3636. This determination is subject to review as provided in G.S. 150B. Sincerely, 6acu5igned by: 10I 9a9�9iB.a53EF4�U... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map with labels, Photos (if applicable), USGS Topographical Map, NRCS County Soil Survey cc: Scott Frederick, scott@ecoterra.com Jamey O'Shaughnessey, iamey@ecoterra.com 401 & Buffer Permitting Branch Laserfiche File Eddis Earl Britt, 3176 OBerry Road, Mount Olive, NC Linda B. Hales, 1759 Grantham School Rd., Mount Olive NC Filename: 2 0 22 0 29 3 V.1_Stream Calls_Britt&HalesBufferSite_Wayn e C o_4-19-22 $I Oftch +^� r .F 11 FeaWre: C St a rt 4 a N A]h .!. 3 CI Feature A Start BZ NO%. 1 Feature 6 Start a ti LJUUUJIylI CI I VCIUPt! ILJ. `4�D000UV-LOJV-'Y.7YJ-S4Ulr- IHI+VMOI�I,I+O I ! Photographs, Britt & Hales Buffer Site, Shelton Sullivan, 3/4/2022 Feature A, Start location Feature A, looking downstream, just below start Feature B Start, looking downstream, east Feature C, looking upstream, south UVI:UJIyll CIIVCIVFIC IU. 4D000DV4-LOJl..-V'4:J-.74 U1J- I/11. U/1.71.i1.1..01 / USGS Map ti4 VUI:UJI{J.II CI IVCIVFIC IV. I/11+V/1.7ll ll l,0 If NRCS Wayne County Soils Map }-NO % Ly WaB Legend �-- �-- - - - �ml S r. I.;le 1 2 Y,hl I_enp,r.-I L E: - Prt]P05LI0 C1)MenOtlon Ea5err%e LJUI:Uolyll CIMAL) U ILI. v-0— ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 15, 2022 Jordan Burbage EcoTerra Partners, LLC (via electronic mail: jordan rCr74.ecoterra.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Brit & Hales Site Near 35.254653,-78.164589 off 145 Mcarthur Pond Rd, Mt. Olive NC Neuse 03020201 Wayne County Dear Mr. Burbage, On April 27, 2022, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of EcoTerra Partners, LLC (EcoTerra) for a site visit near the above -referenced site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset adjacent to features within a proposed conservation easement boundary, which are more accurately depicted in the attached maps labeled "Figure 1" and "Figure 2" prepared by EcoTerra and edited by DWR. The proposed easement boundary includes all riparian areas intended to be proposed as part of the mitigation site. On May 19, 2022, Ms. Merritt performed a site assessment of the subject site. Staff with EcoTerra 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 JOB) 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. � 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 919.707.9000 ...wnrn,m ql frlrlYgMbnW dlWq' Uuuuolly.lI CIIVCIup1 w. LD-tzu 7uI1-IliOC-YrOC-DrIi U-l+l+l u%,ruU/ouLJ tsnt at bates bite EcoTerra June 15, 2022 Feature Classification !Subject Riparian Land uses Buffer 3Nutrient 'sAiitieation TvRe Determination w1in to riparian areas onsite adiacent to Feature Credit Offset Buffer 0f 200'1 Viable Viable Rule Al Ditch >3' No Non -forested agricultural No Yes Non -forested fields - Restoration Site fields. per 15A NCAC 02B .0295 (n) A Stream No Non -forested agricultural ZYes Yes (non- Non -forested fields - Restoration Site (at DWR fields with forested areas forested per 15A NCAC 02B .0295 (o)(3) flag) along left bank (see map); fields only) Cement, debris and trash Forested areas — Preservation Site per present within forested 15A NCAC 02B .0295 (o)(4); need to areas remove all trash and debris. C Stream Yes Non -forested agricultural 'Yes Yes (non- Non -forested fields - Restoration Site (at DWR fields with forested areas forested per 15A NCAC 02B .0295 (n) flag) downstream at easement fields only) boundary Forested areas — Preservation Site per 15A NCAC 02B .0295 (o)(5); B 1 Ditch >3' No Non -forested agricultural No Yes Non -forested fields - Restoration Site fields. per 15A NCAC 02B .0295 (n) B Stream Yes Non -forested agricultural Yes Yes Non -forested fields - Restoration Site (at DWR fields. per 15A NCAC 02B .0295 (n) flag) Erosion and a sink hole minor bank/riparian stabilization and were observed along the grading needed where erosional rills, right bank sink holes and gullies are observed 132 Ditch >3' No Non -forested agricultural No Yes Non -forested fields - Restoration Site fields. per 15A NCAC 02B .0295 (n) 'Subjectivity calls for the features were determined by DWR in correspondence dated April 19, 2022 (DWR# 2022-0293) 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 . ZThe area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 3NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment a Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request. s All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian area. '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). 7The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. Determinations provided in the table above were made using a proposed easement boundary showing proposed mitigation areas and features shown in Figure 2 and Figure 1 respectively. The map representing the proposal for the site is attached to this letter and initialed by Ms. Merritt on June 15, 2022. Substantial changes to the proposed easement boundary as well as any site constraints identified in this letter, could affect the Site's potential to generate buffer mitigation and nutrient offset credits. Page 2 of 3 UUUUJIIy.II CIIVUIUVU IU.LD4Ltl:l"JH- I JOU twit & rtaies bite EcoTerra June 15, 2022 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 June 15, 2024 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, PWAYM Attachments: Figure 1, Figure 2 cc: File Copy (Katie Merritt) ClocuSigrted by' W b! 9d9L1978A53EF4E0... Paul Wojoski, Supervisor 401 and Buffer Permitting Branch Page 3 of 3 7ocuSign Envelope ID: 2B42955A-1 C6E-4F6E-BFCD-CC70CFOD736D FIGURE 1 ID#* 20220293 Select Reviewer: Katie Merritt Initial Review Completed Date 04/27/2023 Mitigation Project Submittal - 4/25/2023 Version * 2 Is this a Prospectus, Technical Proposal or a New Site?* Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Yes No Contact Name: * Email Address: Michael Beinenson mitigation@ecoterra.com Project Information ID#: * 20220293 Version:* 2 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Britt & Hales Mitigation Site County: Wayne Document Information Mitigation Document Type:* Mitigation As -Built Plans File Upload: 2023.04.24 Britt + Hales Notification Letter.pdf 17.11 MB Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name:* Kerry Bray Signature: * 61 et t� �trrl %0 ecolerra� April 24, 2023 To: Katie Merritt, Nutrient Offset & Buffer Banking Coordinator NC Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 From: Michael Beinenson, President Eco Terra, LLC 117 Centrewest Court Cary, NC 27513 Re: Notification & Request for Site Visit MBI Task 2 Site Visit Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site Neuse River Basin HUC 03020201 (excluding the Falls Watershed) Wayne County, NC NCDWR Project #: 2022-0293 v2 Eco Terra is providing written notification that all nutrient offset and riparian buffer activities have been completed at the Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site per the requirements of the approved Mitigation Banking Instrument (MBI). Eco Terra is requesting a site visit by DWR to complete the requirements of MBI Task 2 for credit release. The Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site (Parcel) is located near Mount Olive, NC, in the Upper Falling Creek watershed of the Neuse River Basin. The project site is approximately 6.5 miles northwest of the Town of Mount Olive and 1.7 miles south of US Highway 13 on McArthur Pond Road in Wayne County, NC (Figure 1). The Parcel is approximately 24.7 acres (1,076,524 sf) of a 180-acre tract that encompasses a series of forked, interconnected ditches and unnamed tributaries to Falling Creek. The Parcel was restored to provide ecological and water quality enhancements to the Neuse River Basin HUC 03020201, excluding the Falls Watershed (Figure 2) by restoring and preserving riparian buffers and adjacent riparian areas along three unnamed tributaries (UT1, UT2 and UT3) and three ditches (Ditch Al, 131 and 132). The Parcel provides riparian buffer mitigation credits by protecting the riparian area from top of bank to a minimum 30-foot width and maximum 100-foot width along the 117 Centrewest Court, Cary, NC 27513 1 EcoTerra.com ecolerraR streams (UT1, UT2 and UT3). Buffer mitigation credits are also generated through preservation of a riparian area adjacent to UT1 for a minimum 30-foot width and maximum 200-ft width. The Parcel provides nutrient offset credits by protecting the riparian area from the 100-foot offset from top of banks along the streams and minimum 50-foot width along the ditches, to a maximum 200-foot width (Figure 7). Tables 1 and 2 provide project attributes and viability information. -able 1: Project Attributes Project Name I W Britt & Hales Nutrient Offset Riparian Mitigation Site 'Hydrologic Unit Code =117 M M Me River Basin [Service Area Neuse 03020201, excluding the Falls Watershed LGeographic Location (Lat, Long : • (Site Protection Instrument Type of Credits'Riparian Buffer and Nutrient Offset Total Credits •• •I •• 334,369.784 tBPDP Date � • a Ulm Ilnitial Planting Date 9 F-m a Ulm IBaseline Report Date IL m IMY1 Report Date December IMY2 Report Date ■December IMY3 Report Date December IMY4 Report Date December 20. LmYS ReppEt Dat - - • - Riparian Buffer Credit (RBC) z Nutrient Offset Credit (NOC) Table 2: Project Features and Viability Feature Name UT1 (A*) Classification Stream Riparian Buffer Credit Viable LL.- Yes Nutrient 0 Viablen Yes UT2 (B*) Stream Yes Yes UT3 (C*) Stream Yes Yes Ditch Al Ditch>3' No Yes Ditch B1 Ditch>3' No Yes Ditch B2 Ditch>3' No Yes * Feature Name per NC DWR fetters 117 Centrewest Court, Cary, NC 27513 1 EcoTerra.com ecolerraR The Parcel was planted between March 30 and April 1, 2023, in accordance with the approved Bank Parcel Development Package (BPDP) and MBI. The entire area proposed for restoration and development of nutrient offset and riparian buffer credits was planted with native tree species and permanent seeding. The land within the Parcel had historically been used for agricultural row crop production, therefore minimal soil disturbance was required to install the plants. Planting activities utilized both mechanical and manual methods. Soil ripping occurred in mechanically planted rows to break up plow pans and compacted soils and where farm paths were planted. Areas immediately adjacent to the top of banks were not ripped to prevent soil erosion and runoff from entering the surface water. A limited number of invasive plants were present and treated with an aquatic -safe herbicide that was applied by a licensed NC pesticide applicator. Bare root trees were well mixed in the bags prior to being planted and installed at a spacing of 6 feet by 10 feet, resulting in a stem density of 720 stems per acre. Table 3 provides a summary of the tree species planted along with their density and composition which matches the proposed planting plan in the approved BPDP. , uuw 3: Tree Species Planted cientific Name I A Common Planting It umber + Den 12 % of Carpinus caroliniona Name American Zone* MMF/SSS Planted 1000 (43 stems/acre) Total 6% Hornbeam Diospyros virginiona Persimmon MMF/SSS 1500 (65 stems/acre) 9% Froxinus Green Ash SSS 500 (22 stems/acre) 3% pennsylvanica Nyssa biflora Swamp Tupelo SSS 500 (22 stems/acre) 3% Nyssa sylvatica Blackgum MMF 1000 (43 stems/acre) 6% Platanus occidentalis Sycamore MMF/SSS 2000 (86 stems/acre) 12% Quercus lyrato Overcup Oak SSS 1000 (43 stems/acre) 6% Quercus michauxii Swamp MMF/SSS 2500 (108 stems/acre) 15% Chestnut Oak Quercus nigra Water Oak MMF/SSS 1500 (65 stems/acre) 9% Quercus pagoda Cherrybark MMF 1500 (65 stems/acre) 9% Oak Quercus phellos Willow Oak MMF/SSS 2700 (116 stems/acre) 16% Quercus shumardii Shumard Oak MMF 1000 (43 stems/acre) 6% Andropogon gerardi Big bluestem Permanent Seed Mix Panicum virgatum Switchgrass Permanent 117 Centrewest Court, Cary, NC 27513 1 EcoTerra.com %0 ecolerra� Seed Mix Sorghostrum nutans Indiangrass Permanent Seed Mix *SSS-smaff stream swamp; MMF-mesic hardwood forest The existing erosion and sink hole noted as areas of concern in the Site Viability for Buffer Mitigation & Nutrient Offset letter dated 6/15/2022 were stabilized with minor bank grading, and temporary and permanent seeding. It was determined that erosion control matting was not necessary which is a deviation from what was proposed for stabilization in the approved BPDP. Bank stabilization was applied to isolated areas along the banks of Ditch 131, UT2 and where the 30-inch RCP culvert was removed and relocated out of the easement. Additionally, the cement, debris and trash noted in the letter was also removed from the riparian preservation area. Following planting, permanent vegetation monitoring plots were established within the restoration areas to document the survival and vigor of planted trees. A total of eighteen (18) plots were positioned within the planted restoration area according to Figure 7 in the approved BPDP. The vegetation plots are marked in the field by PVC pipes installed at each corner of the approximate 10-meter by 10-meter plot. Easement boundaries were marked in the field with 6-foot U-channel posts to ensure clear distinction between the Parcel and adjacent properties. Long-term stewardship signs were attached to the posts and placed at approximate 200-foot intervals along the outer perimeter of the Parcel to identify the conservation easement. There are no changes to the conservation easement boundary nor the amount of Riparian Buffer and Nutrient Offset Credits from what was proposed in the approved BPDP. Photographs were taken within the vegetation plots and at select points to document the conservation easement boundary as depicted in the Monitoring Map (Figure 9). A selection of photographs is attached. Attachments: Photographs Vicinity Map (Figure 1) Credit Service Area Map (Figure 2) Credit Generation and Vegetation Plot Map (Figure 7) Monitoring Map (Figure 9) 117 Centrewest Court, Cary, NC 27513 1 EcoTerra.com 10/31/23, 2:40 PM Eco Terra Mail - Notification of Non -Compliance - Britt & Hales MBI/BPDP % Michael Beinenson <michael@ecoterra.com> ecokterrc Notification of Non -Compliance - Britt & Hales MBI/BPDP Merritt, Katie <katie.merritt@ncdenr.gov> Thu, May 4, 2023 at 3:42 PM To: "michael@ecoterra.com" <michael@ecoterra.com> Cc: Jordan Burbage <jordan@ecoterra.com>, "Hartshorn, Blake" <blake.hartshorn@ncdenr.gov>, "Goss, Stephanie" <stephanie.goss@ncdenr.gov>, Norton Webster <norton@ecoterra.com> Good Afternoon Michael, DWR received the attached documentation from McAdams notifying DWR that the Britt & Hales site was fully planted and ready for DWR to assess site conditions for the Task 2 milestone according to the MBI. According to the attached notification letter, Eco Terra planted this site March 30, 2023 & April 1, 2023. The Bank Parcel Development Package (BPDP) was approved on April 21, 2023 and the Mitigation Banking Instrument (MBI) was signed by Eco Terra on March 31, 2023 and DWR on April 21, 2023. Eco Terra did not have an approved Banking Instrument (required under 15A NCAC 02B .0295 and 15A NCAC 02B .0703), nor did they have an approved BPDP for the site (required under 15A NCAC 02B .0295 and 15A NCAC 02B .0703) prior to conducting activities for buffer mitigation and nutrient offset credits. Both rules referenced above clearly state that an approved plan by DWR is required prior to conducting activities for buffer mitigation or nutrient offset credits. Secondly, Eco Terra submitted an MBI and BPDP to DWR that contained inaccurate and falsified information. Eco Terra is in non-compliance with 15A NCAC 02B .0295 Eco Terra is in non-compliance with 15A NCAC 02B .0703 Eco Terra is in non-compliance with the Approved Britt & Hales BPDP - submitted to DWR by Eco Terra on March 29, 2023, public noticed on March 31 and approved by DWR on April 21 Eco Tera is in non-compliance with the Approved Britt & Hales MBI — submitted to DWR by Eco Terra on March 31, 2023, public noticed on March 31 and approved on April 21. At this time, DWR will not be able to proceed with the issuance of credit releases for the proposed buffer mitigation credits and proposed nutrient offset credits until these matters have been discussed. DWR will discuss the non-compliance issues with Eco Terra and DWR management in the near future prior to determining further actions needed. Thank you for your attention to this matter, Katie Katie Merritt Nutrient Offset & Buffer Banking Coordinator 401 & Buffer Permitting Unit North Carolina Department of Environmental Quality Office: 919-707-3637 Work Cell: 919-500-0683 https://mail.google.com/mail/u/2/?ik=9d4a624ac4&view=pt&search=all&permmsgid=msg-f:1764993914078600978&simpl=msg-f:1764993914078600978 1 /2 10/31 /23, 2:40 PM Eco Terra Mail - Notification of Non -Compliance - Britt & Hales MBI/BPDP Website: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch 512 N. Salisbury Street, Raleigh, NC 27620 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 20220293 Ver 2_2023.04.24 Britt + Hales Notification Letter_20230425.pdf 17477K https://mail.google.com/mail/u/2/?ik=9d4a624ac4&view=pt&search=all&permmsgid=msg-f:1764993914078600978&simpl=msg-f:1764993914078600978 2/2 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site APPENDIX C As -Built Survey `/,001 Britt & Hales As -Built & Baseline Monitoring Report CCOlCrra. HUC 03020201, Excluding Falls Watershed October 2023 N NOW OR FORMERLY NOW OR FORMERLY IHARVEY P. THORNTON HEIRS LARRY G. VINSON AND WIFE, CSF D.B. 379, PG. 114 PATRICIA W. VINSON IRF PIN: 2555004996 / NC GRID NAD83 (2011) D.B. 3572, PG. 157 ni nT nnou.irr n ci inr � n NOW OR FORMERLY CHRISTOPHER M. THORNTON D.B. 2253, PG. 539 PIN: 2555004996 NOW OR FORMERLY CHRISTOPHER M. THORNTON D.B. 3113, PG. 345 PIN: 2555007903 y PIN: 2545902997 V � � / \ / N 75.05'48" w (MCARTHUR POND ROAD) / 30.09' TIE (MCARTHUR POND ROAD) 0-- 'CSF / N.C. SECONDARY ROAD 1121 RF 60 FOOT RIGHT-OF-WAY N.C. SECONDARY ROAD 1121 Cl--IRF CMF CSF � PLAT CABINET M, SLIDE 29-I 60 FOOT RIGHT-OF-WAY PLAT CABINET 0, SLIDE 13-B / GENERAL NOTES 1. THIS IS A SURVEY OF AN EXISTING PARCEL OF LAND. THIS IS AN AS -BUILT SURVEY MAP. / 2. BEARINGS FOR THIS SURVEY ARE BASED ON NC GRID NAD 83 (2011). / 3. REFERENCE AS SHOWN. 4. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. 5. ZONING: 50-RURAL SINGLE FAMILY RESIDENTIAL, AS PER NOW OR FORMERLY / JAMES RANDALL GRANTHAM WAYNE COUNTY GIS. D.B. 3655, PG. 16 6. AREA BY COORDINATE GEOMETRY. PIN: 2545708454 7. FLOOD NOTE: THIS PROPERTY IS LOCATED IN ZONE X, AND IS / NOT IN A SPECIAL FLOOD HAZARD ZONE. REFER TO NIFP RATE MAPS DATED JUNE 20, 2018: COMMUNITY PANEL / NUMBERS 3720254400K AND 3720255400K. 8. THIS SURVEY WAS PERFORMED AND PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THIS SURVEY IS SUBJECT TO / ANY FACTS AND EASEMENTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH COORDINATE TABLE CONSERVATION EASEMENT CORNER NORTHING EASTING 1 549392.6942 2249599.0458 2 549205.3043 2249795.3993 3 548849.6983 2249759.6895 4 548830.9596 2249926.1455 5 548756.9973 2249991.2849 6 548624.9890 2249992.8286 7 548289.0410 2249993.8709 8 548291.2290 2249821.5601 9 548286.2801 2249662.3251 10 548284.4020 2249471.7215 11 548284.5743 2249414.5967 12 548287.2335 2248532.6688 13 548651.8766 2248551.4565 14 549270.5997 2249418.5218 15 1 549360.0100 1 2249543.8194 LEGEND 0 PK NAIL FOUND (PKNF) 0 CAP & TACK I COTTON SPINDLE (CSF) / BENCHMARK 0 CROSS ON PAVEMENT 0 0 PK/MAG NAIL SET REBAR & CAP SET (R&C) / 0 NEW IRON ROD (NIR) ■ CONCRETE MONUMENT o EXISTING IRON PIPE (EIP) • IRON PIPE SET CALCULATED POINT TRACT 2 / 0 MASONRY NAIL NOW OR FORMERLY ® NC GEODETIC SURVEY MON. / -A EDDIS EARL BRITT AND 0 IRON ROD FOUND (IRF) 9. CONSERVATION EASEMENT LINE RUNS CENTERLINE OF DITCH - LINDA BRITT HALES 0 RAILROAD SPIKE /+_ BETWEEN CORNERS 6 TO 7. D.B. 1070, PG. 139 ■ RIGHT-OF-WAY MONUMENT LINE TABLE LINE BEARING DISTANCE L1 S 79° 10'42" E 209.99' L2 S 12'47'52" W 776.95' L3 S 13'0O'15" W 765.64' L4 N 12`49'34" E 58.24' L5 S 14'40'49" W 84.82' L6 S 15*17'47" W 116.96' L7 S 15'17'30" W 62.19' L8 S 16*24'13" W 74.74' L9 S 16'37'22" W 37.25' L10 N 46`20'17" W 271.42' L11 IS 05-44'04" W 357.39' L12 S 83'34'37" E 167.51' L13 N 41 `22' 15" W 98.56' L14 N 00`40'12" W 132.02' L15 S 16°57'03" E 18.69' L16 S 02*54'12" W 49.96' L17 N 00`54'51 " E 45.40' L18 N 01 `41 '45" W 46.63' L19 S 00'39'13" W 44.41' L20 S 01°48'40" W 48.13' L21 S 00'56'35" W 50.09' L22 N 00`32'52" W 33.58' L23 N 89` 16'21 " W 20.00' L24 S 89' 16'21 " E 152.32' L25 N 88` 13' 1 1 " E 159.31 ' L26 N 89`26'08" E 190.61' L27 N 89`49'38" W 57.13' L28 N 89`49'38" W 881.93' L29 S 02'56'58" W 365.13' L30 S 54°29'20" W 1065.19' L31 N 54`29'20" E 153.93' L32 S 59°22'55" W 64.17' L33 S 00'36'35" W 301.49' L34 S 87°54'51 " E 99.18' L35 S 87'54'51 " E 129.07' L36 S 02'05'09" W 20.00' L37 N 87`54'51 " W 1 18.99' L38 I N 00`36'35" E 321.02' ACRONYMS S.F. SQUARE FEET AC. ACRES STA. STATION / TRACT 1 PLAT CABINET C, SLIDE 20 NOW OR FORMERLY PIN: 2544982733 ® COORDINATE TABLE EDDIS EARL BRITT AND LINDA BRITT HALES I #� VEGETATION PLOT D.B. 1070, PG. AREA � PLAT CABINET C, SLIDEIDE PHOTO STATION 20 489,445 S.F. g / PIN: 2544982733 PHOTO 11.24 AC. - - LINE SURVEYED STA. #2 CONSERVATION RIGHT-OF-WAY / 15 0 EASEMENT 2- - - - - - - - - TIE LINE / I Asti R&C PLAT CABINET P, SLIDE 83D �----------- STREAM PHOTO STA. #1 R8c cF0 DITCHES AREA 587,079 S.F. a� I coTOP OF BANK 2 LINE NOT SURVEYED 7 ®&C 13.48 AC. CONSERVATION UT3 STREAM �9 - °E CE aE - CONSERVATION EASEMENT / EASEMENT 1 ORIGIN R\"s• NO WOODS EIP PLAT CABINET P, SLIDE 83D '9 \"� � s3 �s, MARY ALICE BRITT WILSON m NOW OR FORMERLY \ yo / PHOTO �\ AND HUSBAND, JAMES EDGAR WILLSON / EDDIS EARL BRITT AND /cPs-1A' #3 \ RF D.B. 2789, PG. 342 WILMA BRITT \ x� / 3 I ® &c 0 Li PIN: 2544081873 / D.B. 936, PG. 30 SA"Viso �� / R�� c' L12 R&CO IRF PIN: 254478880000 / PHOTO STA. #9 \ R&C a� I a I R&CO5 SURVEYOR'S CEFMFlCATE L14 *R&C© I, DALE LARUE MCGOWAN, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION DEED DITCH Al / Ll6 W DESCRIPTIONS RECORDED IN THE BOOKS AND PAGES SHOWN; THAT THE D UT1 STREAM L17 f I BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION IN N ORIGIN Lls DITCH B2 L I THE BOOKS AND PAGES SHOWN); THAT THE POSITIONAL ACCURACY IS 0.021 / *DITCH Al 2 PHOTO L19 R&C 6 TO R&C 7 FEET (HORIZONTAL); AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE UT2 STREAM PHOTO ® L20 STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21 STA. #8 'W' ORIGIN 1® STA. #5 / 0 L21 PHOTO NCAC 56. 1600). L22 STA. #4 12 ce cE L28 ce cE 11 �� 10 L26 O �5 ® L24 7 *R&c WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL R&c PHOTO PHOTO L23 1 THIS 26TH_ DAY OF OCTOBER, A.D., 2023. R&C R&C R&C R&C STA. #7 STA. #6 I ro M ' \ I 20-FOOT JOT ACCESS EASEMENT / / 1 ACCESS EASEMENT /� o�w (O'BERRY ROAD) VARIABLE WIDTH 15" CMP \ GRAVEL DRIVE ELEV: 156.42' L34 NIR L35 NIR 3s DALE LARUE MCGOWAN, PROFESSIONAL LAND SURVEYOR L-5191 \ - EIP N.C. SECONDARY ROAD 1120 _ 60 FOOT RIGHT-OF-WAY DITCH PLAT CABINET M, SLIDE 29-1 I POND 15" CMP IRF \ ELEV: 156.68' L37 N 875451" W SITE AREA TABLE -CONSERVATION EASEMENT ' CONSERVATION EASEMENT 1.................................................................. 13.48 ACRES CONSERVATION EASEMENT 2................................................................... 11.24 ACRES TOTAL........................................................................................................ 24.72 ACRES \ \ I 128.75' I 1 1 \ N 87'54'51" 30.28'I TIE 1y\\A� I I I N 0,V05'30" E 513 07' TIE THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PLAT IS - BASED ON NORTH CAROLINA STATE PLANE COORDINATES ESTABLISHED ` 1 BY USING THE NORTH CAROLINA REAL TIME NETWORK (VRS). GPS-1: NC GRID COORDINATES NAD 83 (2011) _ _ N: 549,001.6250' - E: 2,249,562.8866' Ile NOW OR FORMERLY / EDDIS EARL BRITT AND THE AVERAGE COMBINED GRID FACTOR ON THIS PLAT IS 0.99987072 LINDA BRITT HALES D.B. 2842, PG. 791 (GROUND TO GRID) OR 1.00012930 (GRID TO GROUND). VERTICAL PIN: 2554070730 DATUM BASED ON NAVD 88. NOW OR FORMERLY (CROWS FOOT ROAD) LELA FAYE SUTTON AND CURVE TABLE HUSBAND, JOE DAN SUTTON, SR. CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE N.C. SECONDARY ROAD 1108 D.B. 2842, PG. 794 C1 632.10' 361.13' 356.24 N 89'18'42" E 32-44'04" 1 VARIABLE WIDTH RIGHT-OF-WAY PIN: 2554070797 GRAPHIC SCALE 0 150 300 600 1 inch = 300 ft. 'J McADAMS The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com CLIENT ECO TERRA LLC 1328 DEKALB AVENUE NE ATLANTA, GEORGIA 30307 Q W W p[ Z LL W Q LLI > W m W O OJ z W LL LL Q 10 l__ Q N D =) O Q z z Wa�O°�N" LL p[ a O W z Q Q W m 0 0 > OF- � ,= 06 P:l 0 Q z � `� � m z tY m (DD LL O 0° Q Opp0999901D000°0 °9-�N°°CAR0°lb 0 0.4 SEAL a L-5191 0 00 oy ,stivo �'00o 20 °O °O°°°°, ° �v °° �°° °0p00000000pp°° REVISIONS NO. DATE PLAN INFORMATION PROJECT NO. ECT-22001 FILENAME ECT22001-El CHECKED BY DLM DRAWN BY DLM SCALE 1"=300' DATE OF SURVEY 05.22.2022 SHEET AS -BUILT SURVEY 1-2 N NOW OR FORMERLY NOW OR FORMERLY IHARVEY P. THORNTON HEIRS LARRY G. VINSON AND WIFE,_"_-CSF D.B. 379, PG. 114 PATRICIA W. VINSON IRF PIN: 2555004996 / NC GRID NAD83 (2011) ni D.B. 3572, PG. 157 nT nnou.irr n ci inr � n NOW OR FORMERLY CHRISTOPHER M. THORNTON D.B. 2253, PG. 539 PIN: 2555004996 NOW OR FORMERLY CHRISTOPHER M. THORNTON D.B. 3113, PG. 345 PIN: 2555007903 y PIN: 2545902997 V � � \ / N 75.05'48• w (MCARTHUR POND ROAD) 30.09' TIE (MCARTHUR POND ROAD) C-- 'CSF / N.C. SECONDARY ROAD 1121 RF 60 FOOT RIGHT-OF-WAY N.C. SECONDARY ROAD 1121 Cl--IRF CMF CSF � PLAT CABINET M, SLIDE 29-I 60 FOOT RIGHT-OF-WAY PLAT CABINET 0, SLIDE 13-B / GENERAL NOTES 1. THIS IS A SURVEY OF AN EXISTING PARCEL OF LAND. THIS IS AN AS -BUILT SURVEY MAP. / 2. BEARINGS FOR THIS SURVEY ARE BASED ON NC GRID NAD 83 (2011). / 3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. 4. ZONING: 50-RURAL SINGLE FAMILY RESIDENTIAL, AS PER NOW OR FORMERLY WAYNE COUNTY GIS. JAMES RANDALL GRANTHAM / 5. AREA BY COORDINATE GEOMETRY. D.B. 3655, PG. 16 6. FLOOD NOTE: THIS PROPERTY IS LOCATED IN ZONE X, AND IS PIN: 2545708454 NOT IN A SPECIAL FLOOD HAZARD ZONE. REFER TO NIFP / RATE MAPS DATED JUNE 20, 2018: COMMUNITY PANEL NUMBERS 3720254400K AND 3720255400K. / 7. THIS SURVEY WAS PERFORMED AND PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THIS SURVEY IS SUBJECT TO ANY FACTS AND EASEMENTS WHICH MAY BE DISCLOSED BY A / FULL AND ACCURATE TITLE SEARCH. 8 CONSERVATION EASEMENT LINE RUNS CENTERLINE OF DITCH COORDINATE TABLE CONSERVATION EASEMENT CORNER NORTHING EASTING 1 549392.6942 2249599.0458 2 549205.3043 2249795.3993 3 548849.6983 2249759.6895 4 548830.9596 2249926.1455 5 548756.9973 2249991.2849 6 548624.9890 2249992.8286 7 548289.0410 2249993.8709 8 548291.2290 2249821.5601 9 548286.2801 2249662.3251 10 548284.4020 2249471.7215 11 548284.5743 2249414.5967 12 548287.2335 2248532.6688 13 548651.8766 2248551.4565 14 549270.5997 2249418.5218 15 549360.0100 2249543.8194 LEGEND 0 PK NAIL FOUND (PKNF) I10 0 CAP & TACK COTTON SPINDLE (CSF) I BENCHMARK / 0 CROSS ON PAVEMENT 0 PK/MAG NAIL SET 0 REBAR & CAP SET (R&C) 0 ■ NEW IRON ROD (NIR) CONCRETE MONUMENT 0 EXISTING IRON PIPE (EIP) • IRON PIPE SET A CALCULATED POINT / 0 MASONRY NAIL / ® NC GEODETIC SURVEY MON. TRACT 2 / 0 IRON ROD FOUND (IRF) NOW OR FORMERLY / 0 RAILROAD SPIKE -A EDDIS EARL BRITT AND ■ RIGHT-OF-WAY MONUMENT BETWEEN CORNERS 6 TO 7. / �r LINDA BRITT HALES ® COORDINATE TABLE LINE TABLE LINE BEARING DISTANCE L1 S 79° 10'42" E 209.99' L2 S 12'47'52" W 776.95' L3 S 13'0O'15" W 765.64' L4 N 12`49'34" E 58.24' L5 S 14'40'49" W 84.82' L6 S 15*17'47" W 116.96' L7 S 15'17'30" W 62.19' L8 S 16*24'13" W 74.74' L9 S 16'37'22" W 37.25' L10 N 46`20'17" W 271.42' L11 S 05°44'04" W 357.39' L12 S 83'34'37" E 167.51' L13 N 41 `22' 15" W 98.56' L14 N 00`40'12" W 132.02' L15 S 16°57'03" E 18.69' L16 S 02*54'12" W 49.96' L17 N 00`54'51 " E 45.40' L18 N 01 `41 '45" W 46.63' L19 S 00'39'13" W 44.41' L20 S 01°48'40" W 48.13' L21 S 00'56'35" W 50.09' L22 N 00`32'52" W 33.58' L23 N 89` 16'21 " W 20.00' L24 S 89' 16'21 " E 152.32' L25 N 88` 13' 1 1 " E 159.31 ' L26 N 89`26'08" E 190.61' L27 N 89`49'38" W 57.13' L28 N 89`49'38" W 881.93' L29 S 02'56'58" W 365.13' L30 S 54°29'20" W 1065.19' L31 N 54`29'20" E 153.93' L32 S 59°22'55" W 64.17' L33 S 00'36'35" W 301.49' L34 S 87°54'51 " E 99.18' L35 S 87'54'51 " E 129.07' L36 S 02'05'09" W 20.00' L37 N 87`54'51 " W 1 18.99' L38 N 00`36'35" E 321.02' ACRONYMS S.F. SQUARE FEET AC. ACRES STA. STATION D.B. 1070, PG. 139 / TRACT 1 PLAT CABINET C, SLIDE 20 ❑ NOW OR FORMERLY PIN: 2544982733 # VEGETATION PLOT EDDIS EARL BRITT AND _ LINDA BRITT HALES PHOTO STATION D.B. 1070, PG. 139 I AREA LINE SURVEYED PLAT CABINET C, SLIDE 20 489,445 S.F. - - RIGHT-OF-WAY / PIN: 2544982733 11.24 AC. - - - - - - - - - TIE LINE CONSERVATION EASEMENT 2 - - STREAM R&c PLAT CABINET P, SLIDE 83D R&C - - - - - DITCHES _ LINE NOT SURVEYED TOP OF BANK AREA too' �o I _ _ O - cE ce ce - CONSERVATION EASEMENT 587,079 S.F. _ 2 13.48 AC. c� o - - \R&c WOODS CONSERVATION \ti EASEMENT 1 �� / _ :: R\Rs• NOW OR FORMERLY / EIP PLAT CABINET P, SLIDE 83D ��z FED .. - '9 \"� • • • : • • • : s3. ,sue MARY ALICE BRITT WILSON NOW OR FORMERLY \ o °�-� .. : - �° o �\ AND HUSBAND, JAMES EDGAR WILLSON / EDDIS EARL BRITT AND /� -1 `` ® \ RF D.B. 2789, PG. 342 WILMA BRITT \ R� 1°°-- / =O R&c 4 �t PIN: 2544081873 / D.B. 936, PG. 30 SAS\'is. o °�_ _ _ _ _ . ° I ° O IRF SURVEYOR'S CERTIFICATE PIN: 2544788800 �,�°.r. .. o ........ ° ° ° o' Lt2 R&c °°° °°° !1 ' ... . /. - - ° ° ° ° ° ° ' I, DALE LARUE MCGOWAN, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY °°°I°°° R&CO5 / \ 8C �11717 0 77777 NON-CREDIT AREA SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED R C .. 100' ° ° ° ° ° ° ° 17 ° ° L14 (4,955 SF) DESCRIPTIONS RECORDED IN THE BOOKS AND PAGES SHOWN; THAT THE `-� ° *R&c© T I BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION IN W O _ 77 ° °°°°° L15 THE BOOKS AND PAGES SHOWN); THAT THE POSITIONAL ACCURACY IS 0.021 _ _ ° ° ° ° FEET (HORIZONTAL); AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE W DITCH Al L16 °°, ._o-loo FEET u1s * ' STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21 2 *DITCH Al DITCH 61 L19 R&C 6 TO R&C 7 _0-100 FEET' DITCH 62 L20 WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL / 0-10o FEET L21 THIS 26TH DAY OF 'OCTOBER, A.D., 2023. . .CE .'.'.'.'.'. . '.'.CE . .'- CE.'.'.'. . .CE .'.'. _ ' L22 / 12 L28 11 L210 7 L26 9L25 ® L24 7 *R&C / C R&C R&C R&C R&C L23 / l J//) R&C DITCH Al NON-DIFUSE FLOW D[DUCTION AREA (2,197 SF) m r� ACCESS EASEMENT J DALE LARUE MCGOWAN, PROFESSIONAL LAND SURVEYOR L-5191 \ 20-FOOT ACCESS EASEMENT � (O'BERRY ROAD) VARIABLE WIDTH 15" CMP \ EIP N.C. SECONDARY ROAD 1120 GRAVEL DRIVE ELEV: 156.42' L34 NIR L35 NIR 60 FOOT RIGHT-OF-WAY DITCH IRF PLAT CABINET M, SLIDE 29-1 I POND 15" CMP \ ELEV: 156.68' L37 N 8754'51" W SITE AREA TABLE -CONSERVATION EASEMENT CONSERVATION EASEMENT 1.................................................................. 13.48 ACRES CONSERVATION EASEMENT 2................................................................... 11.24 ACRES TOTAL........................................................................................................ 24.72 ACRES \ \ I 128.75' I 1 1 \ 30.28'I TIE N 87'54'51"\\A� 1y I I I N 0,V05'30" E 513 07' TIE THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PLAT IS - BASED ON NORTH CAROLINA STATE PLANE COORDINATES ESTABLISHED ` 1 BY USING THE NORTH CAROLINA REAL TIME NETWORK (VRS). -= - - - - PKNF GPS-1: NC GRID COORDINATES NAD 83 (2011) _ -� _ _ ------- N: 549,001.6250' - ------ E/ NOW OR FORMERLY : 2,249,562.8866' / EDDIS EARL BRITT AND THE AVERAGE COMBINED GRID FACTOR ON THIS PLAT IS 0.99987072 LINDA BRITT HALES D.B. 2842, PG. 791 (GROUND TO GRID) OR 1.00012930 (GRID TO GROUND). VERTICAL PIN: 2554070730 DATUM BASED ON NAVD 88. NOW OR FORMERLY (CROWS FOOT ROAD) LELA FAYE SUTTON AND CURVE TABLE HUSBAND, JOE DAN SUTTON, SR. CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE N.C. SECONDARY ROAD 1108 D.B. 2842, PG. 794 C1 632.10' 361.13' 356.24' N 89'18'42" E 32-44'04" 1 VARIABLE WIDTH RIGHT-OF-WAY PIN: 2554070797 GRAPHIC SCALE 0 150 300 600 1 inch = 300 ft. BUFFER HATCH NUTRIENT OFFSET AND SQUARE ACRE LEGEND RIPARIAN BUFFER CREDIT AREA FEET ------------- . .............. UT2 & UT3 RIPARIAN RESTORATION FOR • • • • • • • • • - RBC (0-10OFT) 247,193 5.6747 UT2 & UT3 RIPARIAN RESTORATION FOR NOC (101-200FT) 170,050 3.9038 DITCH Al, B1, & B2 RIPARIAN RESTORATION FOR NOC (0-10OFT) 262,410 6.0241 DITCH Al, B1, & B2 RIPARIAN RESTORATION FOR NOC (101-200FT) 161,298 3.7029 NON -SUBJECT UT1 RIPARIAN 6,894 0.1583 PRESERVATION FOR RBC (0-100FT) NON SUBJECT UT1 RIPARIAN PRESERVATION FOR RBC (101-200FT) 1,395 0.0320 NON -DIFFUSE FLOW 2,197 0.0504 DEDUCTION AREA NON-CREDIT AREA 4,955 0.1137 ° ° ° ° ° ° ° ° ° ° v `. °°°°°°°°°°°° NON -SUBJECT UT1 RIPARIAN ° ° ° ° ° ° ° ° ° °° °°°°°°°°°°°° 00000000000, RESTORATION FOR RBC (0-10OFT) 85,294 1.9581 ffimmNON -SUBJECT UT1 RIPARIAN 41,505 0.9528 RESTORATION FOR NOC (101-200FT) 'J McADAMS The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com CLIENT ECO TERRA LLC 1328 DEKALB AVENUE NE ATLANTA, GEORGIA 30307 Q W W LL Q LLJ >_ Co � I= LU 0 J o F- Z W ILL LL Q Q Q Z O Q Z R Z C0 o Q ,�a�OocN W U aocaw m�= 0 _= W D Q z 2 W m z m D CD LLL O °° Q Opp09999DD00000 NCAR���0. °°° o SEAL o L-5191 0 0 0 ° o .000 ,{'0 20 o -9�o'�D SUR`� °°°°°° ° °°°', ORUE 00p00000000D0°° REVISIONS NO. DATE PLAN INFORMATION PROJECT NO. ECT-22001 FILENAME ECT22001-El CHECKED BY DLM DRAWN BY DLM SCALE 1"=300' DATE OF SURVEY 05.22.2022 SHEET AS -BUILT SURVEY 2-2 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site APPENDIX D Vegetation Plot Data `•A# Britt & Hales As -Built & Baseline Monitoring Report eCOlerra. HUC 03020201, Excluding Falls Watershed October 2023 Table 6: Vegetation Plot Data Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site DWR Project No. 2022-0293v2 Monitoring Year 0 — 2023 Scientific Name Carpinus caroliniana Common Name 1 11 American hornbeam Tree / Shrub Tree Veg Plot Planted 1 Total Veg Planted 1 Plot 2 Total 1 Veg Planted Plot 3 Total Veg Planted 2 Plot 4 Total 2 Diospyros virginiana Persimmon Tree 1 1 1 1 3 3 Fraxinus pennsylvanica Green ash Tree 1 1 5 5 3 3 Nyssa bifloro Swamp tupelo Tree 1 1 Nyssa sylvatica Blackgum Tree 2 2 1 1 Platanus occidentalis Sycamore Tree 1 1 3 3 1 1 Quercus lyrata Overcup oak Tree 2 2 Quercus michauxii Swamp chestnut oak Tree 5 5 1 1 2 2 2 2 Quercus nigra Water oak Tree 2 2 1 1 1 1 1 1 Quercus pagoda Cherrybark oak Tree 5 5 1 1 1 1 Quercus phellos Willow oak Tree 2 2 2 2 2 2 1 1 Quercus shumardii Shumard oak Tree 2 2 1 1 3 3 1 1 Performance Standard 13 13 20 20 16 16 15 15 Current Year Stem Count 13 20 16 15 Stems/Acre 526 809 647 607 Species Count 11 10 9 9 Dominant Species Composition (%) 38% 25% 19% 20% Average Plot Height (ft) 1.3 1.3 1.2 1.7 Average Plot Height (cm) 39 41 36 51 Carpinus carohniano American hornbeam Tree 2 2 Diospyros virginiana Persimmon Tree 1 1 2 2 1 1 Fraxinus pennsylvanica Green ash Tree 1 1 Nyssa bifloro Swamp tupelo Tree Nyssa sylvatica Blackgum Tree 1 1 1 1 Platanus occidentalis Sycamore Tree 1 1 2 2 1 1 Quercus lyrata Overcup oak Tree 4 4 2 2 Quercus michauxii Swamp chestnut oak Tree 1 1 2 2 7 7 5 5 Quercus nigro Water oak Tree 2 2 3 3 2 2 Quercus pagoda Cherrybark oak Tree 2 2 3 3 Quercus phellos Willow oak Tree 2 2 7 7 4 4 Quercus shumardii Shumard oak Tree 4 4 1 1 2 2 Performance Standardl 15 1 15 18 1 18 1 15 1 15 1 18 18 Current Year Stem Count 15 18 15 18 Stems/Acre 607 728 607 728 Species Count 9 6 5 7 Dominant Species Composition (%) 27% 39% 47% 28% Average Plot Height (ft) 1.2 1.3 1.6 1.7 Average Plot Height (cm) 36 41 48 51 Page 1 of 3 Table 6: Vegetation Plot Data Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site DWR Project No. 2022-0293v2 Monitoring Year 0 — 2023 Scientific Name Carpinus caroliniana Common Name 1 11 American hornbeam Tree / Shrub Tree Veg Plot Planted 9 Total Veg Plot Planted 10 Total Veg Plot Planted 1 11 Total 1 Veg Plot Planted 12 Total Diospyros virginiana Persimmon Tree 2 2 4 4 Fraxinus pennsylvanica Green ash Tree 3 3 3 3 Nyssa bifloro Swamp tupelo Tree Nyssa sylvatica Blackgum Tree 1 1 1 1 Platanus occidentalis Sycamore Tree 1 1 1 1 Quercus lyrata Overcup oak Tree 2 2 Quercus michauxii Swamp chestnut oak Tree Quercus nigra Water oak Tree 3 3 1 1 5 5 2 2 Quercus pagoda Cherrybark oak Tree 3 3 Quercus phellos Willow oak Tree 2 2 2 2 6 6 4 4 Quercus shumardii Shumard oak Tree 6 6 2 2 3 3 Performance Standard 14 14 14 14 15 15 15 15 Current Year Stem Count 14 14 15 15 Stems/Acre 566 566 607 607 Species Count 4 7 5 6 Dominant Species Composition (%) 43% 21 % 40% 27% Average Plot Height (ft) 1.3 1.3 1.2 1.7 Average Plot Height (cm) 39 41 36 51 Carpinus carohniano American hornbeam Tree 2 2 1 1 1 1 Diospyros virginiana Persimmon Tree 1 1 5 5 2 2 2 2 Fraxinus pennsylvanica Green ash Tree 2 2 Nyssa bifloro Swamp tupelo Tree Nyssa sylvatica Blackgum Tree 1 1 1 1 Platanus occidentalis Sycamore Tree 1 1 2 2 Quercus lyrata Overcup oak Tree 1 1 Quercus michauxii Swamp chestnut oak Tree 3 3 2 2 3 3 4 4 Quercus nigro Water oak Tree 2 2 2 2 2 2 Quercus pagoda Cherrybark oak Tree 3 3 1 1 Quercus phellos Willow oak Tree 3 3 3 3 2 2 Quercus shumardii Shumard oak Tree 4 4 2 2 4 4 Performance Standardl 16 1 16 15 15 16 16 15 15 Current Year Stem Count 16 15 16 15 Stems/Acre 647 607 647 607 Species Count 7 6 8 7 Dominant Species Composition (%) 25% 33% 19% 27% Average Plot Height (ft) 1.2 1.3 1.2 1.7 Average Plot Height (cm) 36 41 36 51 Page 2 of 3 Table 6: Vegetation Plot Data Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site DWR Project No. 2022-0293v2 Monitoring Year 0 — 2023 Scientific Name IL Corpinus coroliniono Common Name American hornbeam Tree / Shrub Tree Veg Plot Planted 17 Total Veg Plot Planted 18 Total Diospyros virginiono Persimmon Tree 2 2 Fraxinus pennsylvanica Green ash Tree 1 1 2 2 Nyssa biflora Swamp tupelo Tree Nyssa sylvatica Blackgum Tree Platanus occidentalis Sycamore Tree 1 1 Quercus lyrato Overcup oak Tree 1 1 Quercus michauxii Swamp chestnut oak Tree 4 4 6 6 Quercus nigro Water oak Tree 1 1 2 2 Quercus pagoda Cherrybark oak Tree 2 2 Quercus phellos Willow oak Tree 2 2 5 5 Quercus shumardii Shumard oak Tree 2 2 Performance Standardl 14 1 14 1 17 17 Current Year Stem Count 14 17 Stems/Acre 566 688 Species Count 7 6 Dominant Species Composition (%) 29% 35% Average Plot Height (ft) 1.3 1.3 Average Plot Height (cm) 39 41 Page 3 of 3 Table 7: Vegetation Performance Standards Summary Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site DWR Project No. 2022-0293v2 Monitoring Year 0 — 2023 MA Veg Plo Ve Veg P ��k Species-----�s -- Veg Plot Veg Plot Veg Plot 6 Stems/Acre' # Species Avg Invasive Stems/Acre # Species Avg T"7 . n� vat ems cre species ,ILAvg H7T7 o nvasive MINE . - ------------ ------------ Stems/Acre #.Species Avg --------- .------------ Page 1 of 2 Table 7: Vegetation Performance Standards Summary Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site DWR Project No. 2022-0293v2 Monitoring Year 0 - 2023 MA Veg IPMEEW Veg Plo Veg PI ��k Species I- nvasiv ems L Species ---�s -- Veg Plot 17 eg Plot 1 Stems cre m-# species,��sive Stems/Acre # Species Avg Ht o n� vat ems cre species Avg HT� o nvasive Page 2 of 2 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site `AO Britt & Hales As -Built & Baseline Monitoring Report CCOlCrra® HUC 03020201, Excluding Falls Watershed Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site Veg Plot 6 — 4/3/23 `40 Britt & Hales As -Built & Baseline Monitoring Report CCOlCrra® HUC 03020201, Excluding Falls Watershed Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site "°B `i Britt & Hales As -Built & Baseline Monitoring Report eCO,lerra. HUC 03020201, Excluding Falls Watershed Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site %A10 Britt & Hales As -Built & Baseline Monitoring Report NCO, terra® HUC 03020201, Excluding Falls Watershed Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site % Britt & Hales As -Built & Baseline Monitoring Report CCOlCrra® HUC 03020201, Excluding Falls Watershed Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site APPENDIX E Site Photographs `/,001 Britt & Hales As -Built & Baseline Monitoring Report CCOlCrra. HUC 03020201, Excluding Falls Watershed October 2023 Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site 0116°SE (T) OO 35°15'22"N, 78°9'52"W ±13ft ♦ 178ft 0 245°SW (T) OO 35°15'18"N, 78°9'48"W ±13ft ♦ 169ft `i Britt & Hales As -Built & Baseline Monitoring Report eCO,lerra. HUC 03020201, Excluding Falls Watershed 0161°S (T) OO 35°15'24"N, 78°9'49"W ±9ft ♦ 146ft 0 273°W (T) OO 35°15'13"N, 78°9'45"W ±13ft ♦ 172ft Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site ® 356°N (T) OO 35°15'13"N, 78°9'49"W ±13ft ♦ 174ft ® 45°NE (T) OO 35°15'13"N, 78°10'2"W ±9ft ♦ 177ft `i Britt & Hales As -Built & Baseline Monitoring Report NCO, erra. HUC 03020201, Excluding Falls Watershed ® 23°NE (T) OO 35°15'13"N, 78°9'57"W Aft ♦ 170ft 0110°E (T) OO 35°15'14"N, 78°10'2"W ±13ft ♦ 170ft Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site ® 333°NW (T) OO 35°15'16"N, 78°10'2"W ±9ft ♦ 166ft `i Britt & Hales As -Built & Baseline Monitoring Report eCO,lerra. HUC 03020201, Excluding Falls Watershed Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site APPENDIX F Recorded Conservation Easement `•A# Britt & Hales As -Built & Baseline Monitoring Report eCOlerra. HUC 03020201, Excluding Falls Watershed October 2023 Page 1 of 6 Type: CRP Recorded: 8/22/2022 3:41:05 PM Fee Amt: $26.00 Page 1 of 6 WAYNE COUNTY, NC CONSTANCE B. CORAM REGISTER OF DEEDS BK 3761 PG 352 - 357 File/Return to: Michael Beinenson Eco Terra, LLC 1328 Dekalb Ave NE Atlanta, GA 30307 MEMORANDUM OF AGREEMENT STATE OF NORTH CAROLINA COUNTY OF WAYNE Cross Reference: DB 1070 / P 0139 Register of Deeds Wayne County, NC THIS MEMORANDUM OF AGREEMENT (this "Memorandum") is hereby made this 29th day of July, 2022, by and between ECO TERRA, LLC, a Georgia limited liability company, whose mailing address is 1328 Dekalb Ave NE Atlanta, GA 30307 (herein "Buyer") and Eddis Earl Britt & Linda Britt Hales (collectively, "Seller") whose mailing address is 3176 O'Berry Rd Mount Olive, NC 28365 (herein "Seller"). 1. For good and valuable consideration, Seller and Buyer have entered into that certain Agreement for Purchase and Sale of Conservation Easement of even date herewith (the "Agreement" ). 2. Pursuant to the Agreement, Seller has agreed to sell and Buyer has agreed to purchase a permanent conservation easement containing approximately 24.72 acres, more or less, over a portion of the Seller's real property located in Wayne County, State of North Carolina. The Seller's property (the "Property") is described on Exhibit A. The portion of the Seller's Property which consists of the easement property is also set forth on Exhibit A (the "Easement Property"); the Easement Property is more particularly depicted on Exhibit A-1. The final legal description for the property encumbered by the proposed conservation easement shall be determined by a survey and, upon consummation of the Agreement, incorporated into a Deed of Conservation Easement to be conveyed by Seller and recorded in the Register of Deeds. 4. Seller and Buyer have agreed to execute and record this Memorandum in accordance with the terms of the Agreement to give public notice of the Agreement and this Memorandum shall not supersede or in any way modify the terms and conditions of the Agreement. The Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, legal representatives, administrators, successors, and assigns. 5. This Memorandum shall expire, and the Agreement shall no longer run with the land, or be considered a cloud upon title, upon the earlier to occur of (i) a termination of the Agreement by Buyer (subject, however, without limiting any rights Buyer may retain which survive a termination of the Agreement); (ii) the conveyance and subsequent recording of the Deed of Conservation Agreement from Seller as contemplated by the Agreement; or (iii) the date that is two (2) years from the day and year first above written. Submitted electronically by "Eco Terra, LLC" {O-in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Wayne County Register of Deeds. Page 2 of 6 IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Agreement as of the day and year first above written. BUYER: ECO TERRA, LLC By. (SEAL) Nam einenson Title: President no Date: STATE OF GEORGIA COUNTY OF DEKALB On this _ ZCP"d'-av of �5wr-C , 2022, before me personally appeared Michal Beinenson, to me known to be the person described in and who executed the foregoing instrument as the President of Eco Terra, LLC, and acknowledged that he executed the same in said capacity as his free act and deed. IN WITNESS WHEREOF, I have hereunto s t my hand and affixed my official seal in the County and State aforesaid, the day and year above written. N ry Public My Commission Expires: H A (J IRES ; W s GEORGIA' rn host 27, 2024 = -C V \® CO {03758810:Q } Page 3 of 6 SELLER: EDDIS EARL BRITT &di� AE�L�C . (SEAL) Date: c, ix,1 2q Z4 'ZZ STATE OF NORTH CAROLINA COUNTY OF WAYNE Oil this ��day of , l kJ4d 2022, before me personally appeared Eddis Earl Britt, to ine known to be the person described in and who executed the foregoing instrument, and acknowledged that s/he executed the same as his/her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year above written. Notary Public My Commission Expires: My Co Expires 5-25-2025 a �0TAR y PUBI-\G v; 111 ygA1 COVN��`�\ {03758810;v2 } Page 4 of 6 SELLER: LINDA BRITT HALES By: ;d,� A/" (SEAJ Date: J10 2-`i, 2-022- STATE OF NORTH CAROLINA COUNTY OF WAYNE On this Z/ day of va' c 2022, before me personally appeared Linda Britt Hales, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year above written. Notary Public My Commission Expires: Commission Expires 5-25-2025 1037588 Rv2 1 Page 5 of 6 Exhibit A Attached to and made a part of that certain Agreement for Purchase and Sale of Conservation Easement dated July 29, 2022 by and between ECO TERRA, LLC, a Georgia limited liability company ("Buyer"); and Eddis Earl Britt & Linda Britt Hales (collectively, "Seller"). Legal Description of the Property That property identified with PIN 2544982733 and conveyed pursuant to that certain Deed / Grant of Will recorded at Deed Book 1070, Page 0139 in the Register of Deeds, Wayne County, North Carolina. Legal Description of the Easement Property A portion of the Property, comprising in total a parcel of real property consisting of 189.90 acres, more or less and depicted on Exhibit A-1 attached hereto; and as more particularly described pursuant to the legal description set forth on the Easement Survey obtained by Buyer, which legal description, upon receipt, shall be deemed to be fully incorporated herein. {03758810;v2 } Page 6 of 6 Exhibit A-1 [See Attached Map] aco terra, ------ Eddis Brit, Jomey O'Shaughnessey A ¢WayneL r , 984.222..5116 s ll G jamey;aecoterracom e t7k x ECpTerracom 103758810;v2 } Page 1 of 1 19- () ;�' L GENERAL NOTES 1. THIS IS A CONSERVATION EASEMENT SURVEY. 2. BEARINGS FOR THIS SURVEY ARE BASED ON NC GRID NAD 83 (201 1)_ 3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. 4. ZONING: 50-RURAL SINGLE FAMILY RESIDENTIAL, AS PER WAYNE COUNTY GIs. 5. AREA BY COORDINATE GEOMETRY. 6. FLOOD NOTE: THIS PROPERTY IS LOCATED IN ZONE X, AND IS NOT IN A SPECIAL FLOOD HAZARD ZONE_ REFER TO NIFP RATE MAPS DATED JUNE 20, 2018: COMMUNITY PANEL NUMBERS 3720254400K AND 3720255400K. 7. REFERENCES: AS SHOWN 8. UTILITY STATEMENT THE SURVEYOR MADE NO ATTEMPT TO PHYSICALLY LOCATE THE UNDERGROUND UTILITIES. 9. THIS SURVEY WAS PERFORMED AND PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THIS SURVEY IS SUBJECT TO ANY FACTS AND EASEMENTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH_ 10. NO GRID MONUMENTS FOUND WITHIN 2000 FEET OF SITE. 11. NO FIELD DELINEATION OF WETLANDS WAS PERFORMED AS A PART OF THIS SURVEY AND NO MARKERS FOR SUCH WERE OBSERVED. 12. NO DOCUMENTARY OR PHYSICAL EVIDENCE OF ANY CEMETERY FOUND IN THE COURSE OF THE SURVEY 13. CONSERVATION EASEMENT LINE RUNS CENTERLINE OF DITCH BETWEEN CORNERS 6 TO 7. LINE TABI LINE BEARING DISTANCE L1 N 79' 10 42 W 209.99 L2 S 12'47 52 W 776.95 L3 S 13.0015 W 765.64 L4 S 12'49 34 W 58.24 L5 IS 14'40 49 W 84.82 L6 IS 15.17 47 W 116.96 L7 IS 15' 17 30 W 62.19 L8 IS 16*2413 W 74.74 L9 Is 16'37 22 W 37.25 L10 S 46'20 17 E 271.42 L1 1 S 05'44 04 W 357.39 L12 S 83'34 37 E 167.51 L13 S 41.22 15 E 98.56 L14 S 00'40 12 E 132.02 L15 S 16'57 0,3 E 18.69 L16 S 02'5_4 12' W 49.96 L17 S 00'54 51 W 45.40 L18 S 01'41 45 E 46.63 L19 S 00'39 13 W 44.41 L20 S 01'48 40 W 48.13 L21 is 00'56 35 W 50.09 L22 S 00'32 52 E 33,58 L23 N 89' 16 21 W 20.00 L24 N 89' 16 21 W 152.32 L25 S 88.13 1 1 W 159.31 L26 S 89'26 08 W 190.61 L27 S 89'49 38 E 57.13 L28 N 89'49 38 W 881.93 L29 N 02'56 58 E 365.13 L30 N 54'29 20 E 1065.19 L31 N 54'29 20 E 153.93 L32 N 59'22 55 E 64.17 L33 S 00'36 35 W 301.49 L34 I N 87*54 51 W 99.18 L35 N 8754 51 W 129.07 L36 S 02'05 09 W 20.00 L37 N 89.4619 W 118.96 L38 S 00'36 35 W 324.88 STATE OF NORTH CAROUNA COUNTY OF WAYNE FILED FOR REGISTRATION AT 3y�M. �J 2 j IN THE REGISTER OF DEEDS OFFICE. RECORDED IN M. B. PG._� . 9. CORAw REGISTER OF DEEDS% STATE OF NORTH CAROUNA COU%Dr F r a _ REVIEW OFFICER OF WAYNE COUNTY, CERTIFY THAT THE MAP OR P T TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. � 11'7 lyl- DATE REVIEW OFFICER Y NOW OR MRMERLY CHR STHORNTON NOW OR FORMERLY D.B. 2253, PG. 539 NOW OR FORMERLY 1HARVEY P. THORNTON HEIRS PIN: 2555004996 LARRY G. VINSON AND WIFE, CSF D.B. 379, PG. 114 PATRICIA W. VINSON IRF PIN: 2555004996 NOW OR FORMERLY D.B. 3572, PG. 157 / CHRISTOPHER M. THORNTON PLAT CABINET P, SLIDE 7-D D.B. 3113, PG. 345 PIN: 2545902997 N 75'05'48" W CSF, - - - CSF '� '� 30.09' TIE N $ - . IRF ---C1 IRF cMF CSF 00 (MCARTHUR POND ROAD) / NC GRID NAD83 (2011) / (MCARTHUR POND ROAD) / N.C. SECONDARY ROAD 1121 60 FOOT RIGHT-OF-WAY / PLAT CABINET 0, SLIDE 13-B NOW OR FORMERLY / JAMES RANDALL GRANTHAM D.B. 3655, PG. 16 PIN: 2545708454 / COORDINATE TABLE CONSERVATION EASEMENT CORNER NORTHING EASTING 1 549392.6942 2249599.0458 2 549205.3043 2249795.3993 3 548849.6983 2249759.6895 4 548830.9596 2249926.1455 5 548756.9973 2249991.2849 6 548624.9890 2249992.8286 7 548289.0410 2249993.8709 8 548291.2290 2249821.5601 9 548286.2801 2249662.3251 10 548284.4020 2249471.7215 11 548284.5743 2249414.5967 12 548287.2335 2248532.6688 13 548651.8766 2248551.4565 14 1 549270.5997 1 2249418.5218 15 1 549360.0100 1 2249543.8194 SECONDARY ROAD 1121 I 60 FOOT RIGHT-OF-WAY PLAT CABINET M, SLIDE 29-1 co LEGEND I � J J PK NAIL FOUND (PKNF) 0 CAP & TACK COTTON SPINDLE (CSF) BENCHMARK CROSS ON PAVEMENT PK/MAG NAIL SET REBAR & CAP SET (R&C) o ■ NEW IRON ROD (NIR) J / o CONCRETE MONUMENT EXISTING IRON PIPE (EIP) I IRON PIPE SET / DTfCH CALCULATED POINT -A MASONRY NAIL ® NC GEODETIC SURVEY MON. ofTCH TRACT 2 o IRON ROD FOUND (IRF) / I NOW OR FORMERLY o RAILROAD SPIKE EDDIS EARL BRITT AND ■ RIGHT-OF-WAY MONUMENT LINDA BRITT HALES I © COORDINATE TABLE D.B. 1070, PG. 139 PLAT CABINET C, SLIDE 20 P.O.0 POINT OF COMMENCMENT / P.O.B PIN: 2544982733 POINT OF BEGINNING LINE SURVEYED TRACT 1 NOW OR FORMERLY EDDIS EARL BRITT AND I 15 OO 30" RCP V''5� R&C ELEV: 134.07' - - RIGHT-OF-WAY - - - - - - - - - TIE LINE LINDA BRITT HALES �1 30" RCP �' R&C �� ' ' ' - ' ' - ' DITCH D.B. 1070, PG. 139 14 To BE 30" RCP REMOVED PLAT CABINET C, SLIDE PIN: 2544982733 20 R&c 2 ELEV: 133.90' `,(` - - LINE NOT SURVEYED N 48'46 55 I E TOP OF BANK / \,y - cE cE cE - CONSERVATION EASEMENT 309.11' / GROUND / \�S• / R�9 \Rst- CONSERVATION NOW OR FORMERLY NOW OR FORMERLY E r- ^R S�6, EASEMENT 2 P.o.0 MARY ALICE BRITT WILSON AND HUSBAND, JAMES EDGAR WILLSON \ O/ 5 c s-1 T \ �F / EDDIS EARL BRITT AND \s' �' \ D.B. 2789, PG. 342 WILMA BRITT \�� / IRF L 1 PIN: 2544081873 / D.B. 936, PG. 30 `SRC\R�p. 3 RF R&C L12 PIN: 2544788800 �'� i��, / M '6 . R&C I O O. ��� a , SURVEYORS CERTIFICATE / �F \ 6- NEW .- 00 TOP BANK R&C DITCH Q I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION \ CONSERVATION o °' j FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED / w EASEMENT 1 -PDESCRIPTIONS R&c RECORDED IN THE BOOKS AND PAGES SHOWN, THAT P&O.C BK AREA 587,079 S.F. 15THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION IN THE BOOKS AND PAGES SHOWN); THAT NEW 16 THE / cD <b WCH 13.48 AC. CONSERVATION REFER TO NOTE 13• 17 2 POSITIONAL ACCURACY IS 0.021 FEET (HORIZONTAL); AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE EASEMENT 2 18 STANDARDS OF / CV TOP BANK AREA 19 PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA _ 489,445 S.F. (21 NCAC 56. 1600). / 11.24 AC. 0 L21 I CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION L28 7 L25 L24 2 CE FROM AN ACTUAL GPS SURVEY MADE UNDER MY SUPERVISION AND 12 R&C 11 io O 9 8 Q7 R&C THE FOLLOWING INFORMATION WAS USED TO PERFORM THE SURVEY: ONSE V TION CONSERVATION R&C R& R& L23 1 1 (1) CLASS OF SURVEY: C (RURAL AND FARMLAND) ` P.o.c I 15" CMP M -� 20-FOOT ACCESS EASEMENT (2) POSITIONAL ACCURACY: 0.021' (HORIZONTAL) (O'BERRY ROAD) ELEV: 156.42 N.C. SECONDARY ROAD 1120 vARw D EIP GRAVEEL DRIVE � NE 60 FOOT RIGHT-OF-WAY PLAT CABINET M, SLIDE 29-1 WH POND 15": CMP \ ELEV: 156.68' \ \ I I ACRONYMS I I S.F. SQUARE FEET AC. ACRES SITE AREA TABLE -CONSERVATION EASEMENT I CONSERVATION EASEMENT 1 ................13.48 ACRES ................................................. CONSERVATION EASEMENT 2................................................................... 11.24 ACRES - -_ TOTAL........................................................................................................ 24.72 ACRES - OWNER'S CERTIFICATE / NOW OR FORMERLY / WE, AND EDDIS EARL BRITT AND LINDA BRITT HALES HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE PROPERTY SHOWN AND D.B. 2842, PG. 791 DESCRIBED HEREIN WHICH PROPERTY WAS CONVEYED TO EDDIS EARL BRIIT AND LINDA PIN: 2554070730 BRITT HALES BY DEED RECORDED AT BOOK 1070, PAGE 139, WAYNE COUNTY REGISTRY, AND THAT WE HEREBY ADOPT THE PLAN OF CONSERVATION EASEMENTS AND (CROWS FOOT ROAD) NOW OR FORMERLY GRANT AND CONVEY THE EASEMENTS HEREIN WITH OUR FREE CONSENT. N C SECONDARY ROAD 1108 LELA FAYE SUTTON AND 17 Am So" DATE 17 Av 1*23 DATE VARIABLE WIDTH RIGHT-OF-WAY HUSBAND, JOE DAN SUTTON, SR. • D.B. 24 PIN:25540 0797 OWNER OWNER GRAPHIC SCALE 0 1s0 300 600 1 inch = 300 ft. (3) TYPE OF GPS FIELD PROCEDURE: NC REAL TIME NETWORK (4) DATE OF SURVEY: 05-22-2022 .34NIRL35 NIR L36 (5) DATUM/EPOCH: NAD83 (2011) (6) GEOID MODEL: GEOID18 (CONUS) IRF IRF N 8754'51" W (7) PUBLISHED/FIXED-CONTROL USE: PROPERTY IS NOT WITHIN 37 I I I 30.28' TIE 2000 FEET OF A GEODETIC MONUMENT 8T54'S1" yy (8) COMBINED GRID FACTOR(S): 1.00012930 (1/X=0.99987072) N ' N 75' (9) UNITS: U.S. SURVEY FEET N 04'05'30" E WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBERAND SEAL Ii 513.07' TIE THIS Z�id. DAY OF MAACIf A.D., 2023. , �PKNF DAK LARU MCGOWAN, P OFESSIONAL LAND SUR OR L-5191 THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PLAT IS BASED ON NORTH CAROLINA STATE PLANE COORDINATES ESTABLISHED BY USING THE NORTH CAROLINA REAL TIME NETWORK (VRS). GPS-1: NC GRID COORDINATES NAD 83 (2011) N: 549,001.6250' E: 2,249,562.8866' THE AVERAGE COMBINED GRID FACTOR ON THIS PLAT IS 0.99987072 (GROUND TO GRID) OR 1.00012930 (GRID TO GROUND). VERTICAL DATUM BASED ON NAVD 88. CURVE TABL CURVEA AR1 H R A 632.10 3613 356.24 42 E 0C1 32'44 'J McADAms The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com PROPERTY OWNERS EDDIS EARL BRITT AND LINDA BRITT HALES 3176 O'BERRY ROAD MOUNT OLIVE, NC 28365-7072 Wz LU �ZUj VQF-�, cc 0 > �- z M NQuw�Oz w zoc ,. N LL P:° zV Z Z O OLU rr`'nnC G W � O W ~ Q Z I�R W L,L O W z � Z � z 0 Uj �„�, w Z) 0 Uj - N coE<Z Z H > Q CD O °C vpLL pconc °°°-- C A L1-"OO° SEAL o L-5191 0 ' ° o 0 O°° $(M`� `C00 °°°°°°°°°°°° ° Mc ° REVISIONS NO. DATE PLAN INFORMATION PROJECT NO. ECT-22001 FILENAME ECT22001-B1 CHECKED BY DLM DRAWN BY DLM SCALE 1"=300' DATE OF SURVEY 05.22.2022 SHEET CONSERVATION EASEMENT Ble0l Eco Terra, LLC I Britt & Hales Nutrient Offset & Riparian Buffer Mitigation Site APPENDIX G Financial Assurances `•A# Britt & Hales As -Built & Baseline Monitoring Report eCOlerra. HUC 03020201, Excluding Falls Watershed October 2023 GxEw'rAnsEerca/v INSURANCE GROUP Construction/Implementation and Monitoring Bond PRINCIPAL: Eco Terra, LLC 1328 Dekalb Ave. NE Atlanta, GA 30307 TYPE OF ORGANIZATION (Mark one "X") _Individual _Partnership Joint Venture _Corporation X Limited Liability Corporation STATE OF INCORPORATION: Georgia DATE EXECUTED (the "Effective Date"): BOND NUMBER: 04/21/2023 3803011 PENAL SUM OF BOND: $150,000 SURETY: Attn: Bond Division Claims Great American Insurance Company 301 E. 4t" Street Cincinnati, OH 45202 OBLIGEE: North Carolina Department of Environmental Quality Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 NAME OF PROJECT: Britt & Hales Nutrient Offset and Riparian Buffer Mitigation Site MITIGATION BANKING INSTRUMENT: MBI DATE: Britt & Hales Mitigation Banking Instrument 04/21/2023 We, Eco Terra, LLC (hereinafter "Principal") and Great American Insurance Company (hereinafter "Surety"), are held and firmly bound unto the above named Obligee in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas Principal entered into the Britt & Hales Mitigation Banking Instrument (hereinafter "MBI"), and the Britt & Hales Bank Parcel Development Package contained thereunder (hereinafter "BPDP"), in the Neuse River Basin, for Riparian Buffer and Nutrient Offset Mitigation Credits for the above -named Project, dated as shown above and hereto attached: NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said MBI and BPDP and shall also well and truly perform and fulfill all the undertakings, covenants, terns, conditions, and agreements of any and all duly authorized modifications of said MBI and BPDP that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. Notwithstanding the provisions of the MBI and BPDP, this bond shall apply to Implementation and Monitoring Years 1, 2 3, 4 and 5. The term of this bond shall begin on the Effective Date listed above and end with written approval of Year 5 Monitoring Report by Obligee. No reduction in the penal sum will occur unless the Obligee, in its sole discretion, determines that the performance of those undertakings, covenants, terms, conditions, and agreements as set forth in the MBI and BPDP have been achieved or satisfied and certifies its determination in writing. The penal sums scheduled below for each period will remain in effect until the later of the: a. Applicable Period End Date, or b. Date on which Obligee approves the applicable As -Built or Monitoring Report Period Period Start Date* Period End Date* Reduction Penal Sum Construction & Implementation 04/21/2023 04/21/2024 N/A $150,000 Monitoring Year 1 04/21/2024 04/21/2025 $50,000 $100,000 Monitoring Year 2 04/21/2025 04/21/2026 $20,000 $80,000 Monitoring Year 04/21/2026 04/21/2027 $20,000 $60,000 Monitoring Year 4 04/21/2027 04/21/2028 $20,000 $40,000 Monitoring Year 5 04/21/2028 04/21/2029 $20,000 $20,000 CMB NC DEQ DWR Ed. (04/23) Page 1 of 2 At 12:01 AM, standard time, at the location of Obligee. This bond shall remain in full force and effect for an initial term of six (6) consecutive years, but may be extended by Surety with a continuation certificate. However, neither failure of Surety to provide a continuation certificate, nor failure or inability of Principal to file a replacement bond in the event Surety does not provide a continuation certificate, shall itself constitute a loss to Obligee recoverable under this bond or any continuation thereof. The liability of Surety under this bond or any continuation certificate issued in connection with it shall not be cumulative and in no event shall exceed the amount set forth in this bond or in any continuation certificate properly issued by Surety. The undersigned has approved this performance bond and accepts designation as Obligee. Signature Date 0� 5 t(� Z Name & Title Richard E. Rogers, Jr., Director, Division of Water Resources The Principal and Surety have executed this performance bond and affixed their seals on the date set forth above. PRINCIPAL Name&Ad ress 1 $IgmatUr � '. S EAL I IS e &Title � Michael Beinenson, President -�`��\\\` ,terr0 CORPORATE SURETY Name & Address State of Incorporation Great American Insurance Company Ohio 301 E. 0 Street Cincinnati, OH 45202 Sig Seal _ Name Title Christopher C. Baker Director of Wetland Mitigation & Aftomey-in-Fact CMB NC DEQ DWR Ed. (04/23) Page 2 of 2 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than Four No.o 22096 POWER OF ATTORNEY KNOW ALLMEN BYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name David V. Ferron Julie L. Roberts Lyle Clem Christopher C. Baker Address Cincinnati, OH Cincinnati, OH Cincinnati, OH Benicia, CA Limit of Power Unlimited Unlimited Unlimited Unlimited This Power ofAttomey revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1st day of November 2022 Attest GREAT AMERICAN INS NCE COMPA '. ?P is Assistant Secretary Divisional Senior rre President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK VICAR10 (877-377-24 ) On this ist day of November 2022 , beforemepersonally appeared MARK VICARIO, to meknown, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KOHORST �0c Notary Public i a State of Ohio c My Comm. Eilpires May 18, 2025 This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated lone 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-m-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof,' to prescribe their respective duties and the respective limits oftheir authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company maybe afftzed by facsimile to airy power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when sowed being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same farce and effect as though manually c ired CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of Jane 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 30th day of November , 2022 ", , - c 9' Assistant Secretary �® S1029AH (03M)