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HomeMy WebLinkAbout20210348 Ver 3_EBX_2021-0348V3_Pickle Creek Phase II_Credit Release Request Form_Task 3_signed_20240729 3600 Glenwood Avenue,Suite 100 pres Raleigh, NC 27612 Corporate Headquarters 6575 West Loop South,Suite 300 Houston,TX 77401 Main:713.520.5400 July 9, 2024 CREDIT RELEASE REQUEST FORM To: NCDEQ-DWR Nutrient Offset & Buffer Banking Coordinator Katie Merritt From: Jamey McEachran Omceachran@res.us, 919-623-9889) Through: Environmental Banc & Exchange, LLC (EBX, LLC) We formally request a credit release for the Pickle Creek Phase II Nutrient Offset Mitigation Site (DWR#: 2021-0348 V3) for completion of Task #3: Monitoring Financial Assurance Posted and Approval of As-Built Report per the approved credit release schedule, which is included in the Attachments with this request. The following documents have been submitted to DWR for Task #3 and are pending review: 1) As-Built Project Credit Table, 2) Sealed As-Built Survey Plat 3) Credit Release Schedule (PDF from Approved BPDP, and Excel) Credits requested for release are detailed below: Credit Type % Release Credit Notes/Comments Amount (Include Units) Generated Nitrogen 10 2,317.284 Nutrient Offset Signature: "Mcla�a.,'_ 3 1) As-Built Project Credit Table 2) Sealed As-Built Surve Plat 3) Approved Credit Release Schedule (MBI) 4) Excel Credit Release Schedule Table 6. Pickle Creek Phase II, Project Credits Neuse 03020201-Outside Falls Lake Project Area 19.16394 N Credit Conversion Ratio (ft2/pound) N/A P Credit Conversion Ratio (ft2/pound) Subject?(enter Total(Creditable) Convertible to Delivered Delivered NO if Min-Max Buffer 2 Initial Credit Final Credit Riparian Buffer Convertible to Credit Type Location Feature Type Mitigation Activity Feature Name Total Area(ft ) Area of Buffer /Full Credit Riparian Nutrient Nutrient ephemeral or Width(ft) 2 Ratio(x:1) Ratio(xJ) Credits Nutrient Offset? ditch 1) Mitigation(ft ) Buffer? Offset: N(Ibs) Offset: P(Ibs) Nutrient Offset Rural Yes I/P Restoration 0-100 J1 3,135 1 100% No — Yes 163.588 — Nutrient Offset Rural Yes I/P Restoration 101-200 J1 220,281 1 33% No — Yes 11,494.557 — Nutrient Offset Rural No Ephemeral Restoration 0-100 D4 925 1 100% No — Yes 48.268 — Nutrient Offset Rural No Ephemeral Restoration 101-200 D4 40,663 1 33% No — Yes 2,121.850 — Nutrient Offset Rural No Ditch Restoration 0-100 D2 166,317 1 100% No — Yes 8,678.643 — Nutrient Offset Rural No Ditch Restoration 101-200 D2 12,762 1 33% No — Yes 665.938 — Totals (ft2): 444,083 0 0.000 23,172.844 0.000 Total Buffer(ft2): 0 0 Total Nutrient Offset(ft2): 444,083 N/A Total Ephemeral Area (ft)for Credit: 0 0 Total Eligible Ephemeral Area (ft): 0 #DIV/01 Ephemeral Reaches as%TABM Enter Preservation Credits Below Total Eligible for Preservation (ft): 0 0.0% Preservation as%TABM Total(Creditable) Min-Max Buffer Initial Credit Final Credit Riparian Credit Type Location Subject? Feature Type Mitigation Activity Feature Name Total Area(sf) Area for Buffer %Full Credit Width (ft) Mitigation(ft 2 Ratio(x:1) Ratio(x:1) Buffer Credits ) Preservation Area Subtotals (ft2):, 0 10 TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 0 0.000 Enhancement: 0 0.000 Preservation: 0 0.000 Total Riparian Buffer: 0 0.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nitrogen: 444,083 23,172.844 Nutrient Offset: Phosphorus: 0.000 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). last updated 08/03/2020 VICINITY MAP PICKLE CREEK PH II MITIGATION SITE NOT TO SCALE p, 1 120 RD 5 Riparian Buffer Credit: SQ. FT. Acres R 0 �rn n _ Streams & Ditches 15,460 0.355 SITE A" • • Nutrient Offset sf01-100,�'•'•'•'•'•'•'•'•'•'• 3135 0.072 Nutrient Offset 0� _� 101'-200' 220,281 5.057 ~co Nutrient Offset Ephemeral 925 0.021 ��ss 0'-100, WAYNE CO., NC Nutrient Offset Ephemeral 40,663 0.933 I, ELISABETH G. TURNER,AS A DULY REGISTERED PROFESSIONAL 101'-200' ' LAND SURVEYOR IN THE STATE OF NORTH CAROLINA, CERTIFY THAT THIS BUFFER MAP WAS DRAWN UNDER MY SUPERVISION, IS \ \ Nutrient Offset Ditch REPRESENTATION OF WHAT CON TRUCTEDAN ACCURATEAIN DT EOPLETE FI,ELD, THAT THE EASEMENT UNDARYpIS j�/j� /� 166 317 3.818 BASED ON PLAT BOOK SEE , PG NOTES RECORDED IN WAYNE 0'-100' ' COUNTY REGISTER OF DEEDS OFFICE, AND THAT THE BUFFER Nutrient Offset Ditch AREAS SHOWN ARE CALCULATED FROM AS-BUILT CONDITIONS EXCEPT WHERE OTHERWISE NOTED HEREON. WITNESS MY 101'-200' '7 ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 15th DAY OF APRIL,2024. ,,W,,IIII,,, No Credit 1 ,745 0.04 ✓� Total CE Area 1 461 ,288 10.589 rac1SA—METH G.TURNER, P.L.S.#L-4440 = SEAL GENERAL NOTES: -r L-4440 �, _ I . ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. •SUR ��\ 2. THE BASIS OF BEARINGS IS NCGS STATE PLANE NAD83(20I 1) DATUM. 'q �` 3. THE AREA SHOWN HEREON WAS COMPUTED USING THE COORDINATE COMPUTATION rH I IG \ METHOD. 4. THE PURPOSE OF THIS MAP IS TO SHOW THE AS-BUILT AREAS FOR RIPARIAN BUFFER CREDITS WITHIN THE CONSERVATION EASEMENT. THIS PLAT IS NOT A BOUNDARY SURVEY. THE LAND PARCELS AND THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT ARE NOT CHANGED BY THIS MAP. 5. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT. G. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S). 7. CONSERVATION EASEMENT RECORDED IN PLAT BOOK P, PG. 85-J IN THE WAYNE COUNTY REGISTER OF DEEDS OFFICE. V _ I 8. STREAM TOP OF BANK LINES TAKEN FROM TOPOGRAPHIC SURVEY BY ASCENSION I I LAND SURVEYING P.C. I I Lu I LLJ �I CDI z D5 I w UL o I ' ;/ NOW OR FORMERLY r 0- W i W W W . DOUGLA5 ALAN JERNIGAN Qw * AILEEN JERNIGAN PIN: 25G43 19379 W W DB 2632 PG 255 W W W x / I W /W W %% W J I I x x II Ip LINE LEGEND: CE CONSERVATION EASEMENT BANK ----RIGHT-OF-WAY "x -------------TOP OF BANK (BY OTHERS) CONSERVATION W W W W EASEMENT DMS 250' 0' 250' 500' THIS MAP IS NOT FOR RECORDATION, SALES, OR CONVEYANCES AND DOES NOT COMPLY WITH G.S. 47-30 SCALE: 1 inch = 250 feet (11x17) MAPPING REQUIREMENTS. AS-BUILT SURVEY OF BUFFER AREAS FOR REVISIONS,DATE AND INITIAL. N (n A A O w O = D m , < D C D =0 o m z mm P.O. BOX 148 o p 'W0 ,� j ` �W PICKLE CREEK PH II MITIGATION SITE reS SWANNANOA, NC 28778 o< N o A W m m m o DWR Proj. No.2021-0348 V3 NEUSE RIVER BASIN (9 19) 829-9909 DZ 4 0 � � N www.res.us 0BROGDEN TOWNSHIP WAYNE COUNTY NORTH CAROLINA F-1428 VICINITY MAP PICKLE CREEK PH II MITIGATION SITE NOT TO SCALE O13ERRY RD 5R 1 120 0 rn Riparian Buffer Credit: SQ. FT. Acres SITE co Streams & Ditches 15,460 0.355 N utient Offset 3 135 0.072 0'-100, ' G 0 Nutrient offset � 220,281 5.057 � 101 -200 NCSS NutientOtet Ephemeral 925 0.021 WAYNE CO., NC 0'-100, I, ELISABETH G. TURNER,AS A DULY REGISTERED PROFESSIONAL Nutrient Offset Ephemeral LAND SURVEYOR IN THE STATE OF NORTH CAROLINA, CERTIFY 40,663 0.933 THAT THIS BUFFER MAP WAS DRAWN UNDER MY SUPERVISION, IS 101'-200' ' AN ACCURATE AND COMPLETE REPRESENTATION OF WHAT WAS CONSTRUCTED IN THE FIELD, THAT THE EASEMENT BOUNDARY IS NutrieBASEDnt Offset Ditch COUNTYOREGIISTEROOF DEEDS OFFICE, AND ETHHATD BUFFER PLATSEE , PG NOTESTHIN WAYNEE FFER //// 166'317 3.818 AREAS SHOWN ARE CALCULATED FROM AS-BUILT CONDITIONS EXCEPT WHERE OTHERWISE NOTED HEREON. WITNESS MY Nutrient Offset Ditch ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 123762 0.293 15th DAY OF APRIL,2024. 101'-200' `11 9�"EssRO�'�'� No Credit 1 ,745 0.04 ✓/ �� •pF Orl%• 9 SEAL = Total C E Area 461 ,288 10.589 LISABETH G.TURNER, P.L.S.#L-4440 - - _ r L-4440 o. NOTE. SEE SHEET I FOR GENERAL NOTES . LU ~I NOW OR FORMERLY \ �\ DOUGLA5 ALAN JERNIGAN AILEEN JERNIGAN / % co PIN: 25G4319379 \ /\� Z DB 2832 PG 255 / IOW y W II W x �I / Ol,y I �I W w 2Y LINE LEGEND: cE CONSERVATION EASEMENT BANK ----RIGHT—OF—WAY -------------TOP OF BANK (BY OTHERS) W W W W .� CONSERVATION W W WW W W EASEMENT DMS 250' 0' 250' 500' THIS MAP IS NOT FOR RECORDATION, SALES, OR CONVEYANCES AND DOES NOT COMPLY WITH G.S. 47-30 SCALE: 1 inch = 250 feet (11x17) MAPPING REQUIREMENTS. AS-BUILT SURVEY OF BUFFER AREAS FOR REVISIONS,DATE AND INITIAL. Cn (n ?t A A O w O = D F < D A D N M =2 A m z Cnm m P.O. BOX 148 o I� 'Wm W ` zW PICKLE CREEK PH II MITIGATION SITE SWANNANOA, NC 28778 " �� �� j �{ - reS (91 9) 829-9909 N IAD ' No DWR Proj. No.2021-0348 V3 NEUSE RIVER BASIN www.re5.u5 m� 0 � BROGDEN TOWNSHIP WAYNE COUNTY NORTH CAROLINA F-1428 VIII. CREDIT RELEASE SCHEDULE A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the Nutrient Offset Credits associated with the Bank Parcel will become available for sale to a third party in accordance with Credit Release Schedule in Table 3.0 below. Table 3.0-Credit Release Schedule for Nutrient Offset Credits % Credit Available for Task Project Milestone Sale Instrument and BPDP Approved by DWR,Full Delivery DMS Mitigation Plan approved by DWR,Conservation Easement Recorded*,Financial 1 Assurance Posted 20 All Riparian Site Earthwork,Planting and Installation of Monitoring Devices Completed for both the Pickle Creek Full Delivery site(DMS ID# 100184)and the Bank Parcel, easement boundaries adequately marked,& all applicable permits obtained.A site visit performed by DWR is required 2 for this task. 20 3 Monitoring Financial Assurance Posted and Approval of As-Built Report 10 Monitoring Report#1:Approved by the DWR**&Financial Assurance 4 renewed 10 Monitoring Report#2:Approved by the DWR**&Financial Assurance 5 renewed 10 Monitoring Report#3:Approved by the DWR**&Financial Assurance 6 renewed 10 Item B(1)of Section X in this Instrument has been completed and 7 approved by DWR. 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship Monitoring Report#4:Approved by the DWR**&Financial Assurance 8 renewed 5 Monitoring Report#5:Approved by the DWR**and final site visit by 9 DWR has been conducted 10 Total 100% * For specification,please see Section V in this Instrument ** DWR Approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP B. DWR may modify credit release schedules based on the information submitted or the order in which required information is received. DWR will notify the Sponsor of any modification to the credit release schedule. C. Any major deviations to the Bank Parcel that were not authorized in writing by DWR prior to implementation may affect the amount nutrient offset credits that will be generated by the Bank Parcel. 11 As-Built Credits(Miscanthus Planting) 8,449.141 As-Built Credits(Initial Planting) 14,723.703 As-Built Survey Total Credits 23,172.844 Original Mit Plan Credits 23,215.900 Nutrient Offset Credit release schedule TOTAL Credits: Credit Release# % Nitrogen NOTES 1 Instrument and BPDP Approved by DWR,Conservation Easement Recorded*and Financial Assurance Posted 20% 4,634.569 <Uses As-Built Survey Total Numbers 2a Mitigation Site Earthwork,Planting and Installation of Monitoring Devices Completed(Initial Planting):6.5 acres 10% 2,317.286 9/7/2023 released 2b Secondary Planting of Pickle Creek Phase 2:3.73 acres 10% 2,317.284 4/3/2024 released 3 Monitoring Financial Assurance Posted and Approval of As-Built Report:Initial 10% 2,317.284 4 Monitoring Report#1:Approved by the DWR**&financial assurance renewed (delay a year) 10% 2,317.284 5 Monitoring Report#2:Approved by the DWR**&financial assurance renewed 10% 2,317.284 6 Monitoring Report#3:Approved by the DWR**&financial assurance renewed 10% 2,317.284 7 Item B(1)of Section X in this Instrument has been completed and approved by DWR. 5% 1,158.642 8 Monitoring Report#4:Approved by the DWR**&financial assurance renewed 5% 1,158.642 Monitoring Report#5:Approved by the DWR**and final site visit by DWR has been 9 conducted 10% 2,317.284 Docusign Envelope ID:39935084-324A-485F-8D75-6B6F81 EA1 BBO Mitigation Bank Long Term Maintenance and Monitoring Performance Bond Bond No. 9456371 Penal Sum: $100,000.00 Know All Men By These Presents, That we, Environmental Banc & Exchange, LLC of 6575 West Loop South, Suite 300 Bellaire, TX 77401 (hereinafter called the Principal),as Principal , and Fidelity and Deposit Company of Maryland with an office at 1299 Zurich Way, 5' Fl, Schaumburg, IL 60196, a corporation duly organized under the laws of the State of Illinois (hereinafter called the "Surety"), as Surety, are held and firmly bound unto the North Carolina Department of Environmental Quality-Division of Water Resources, 1617 Mail Service Center,Raleigh, NC 27699-1617(hereinafter called the "Obligee"), as Obligee, up to the maximum penal sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) (hereinafter called the "Maximum Penal Sum"), for the payment of which we, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has entered into the RES Pickle Creek Phase II Nutrient Offset Banking Instrument(hereinafter called the"MBI")with the Obligee,dated the 12"'day of August,2022,which includes the Bank Parcel Development Package (hereinafter called the BPDP) for the Pickle Creek Phase II Nutrient Offset Site (the "Mitigation Bank Site") where financial obligations by the Principal are explicitly written and agreed upon between the Principal and the Obligee, The MBI, BPDP and Mitigation Site Plan are hereby referred to and made a pan hereof as if fully set forth herein. WHEREAS, the Principal has received approval of their BPDP by the North Carolina Division of Water Resources ("NCDWR") and that the NCDWR has granted the necessary approval, subject to the posting by the Principal of this Bond (the "Bond"), to insure full compliance with all the terms and conditions of the MBI and BPDP; NCDWR#2021-0348 Q. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that this Bond will not be released in whole or in part until the Principal receives written verification from the Obligee that the conditions for release in the MBI have been fully met. If the above bounden Principal shall meet the final performance standards as defined in the MBI and corresponding BPDP, then this obligation shall be null and void; otherwise it shall remain in full force and effect. This Bond is subject to the following conditions: 11) This Bond shall remain in full force and effect for a period of five years. 2) Obligee shall issue a full and final release of this Bond when the five years monitoring period is complete;all monitoring reports have been submitted and have been approved by the Obligee; and the success criteria identified in the MBI and BPDP have been achieved and approved by the NCDWR. This Bond shall not be released in whole until the Principal receives written verification fi•om the Obligee that al I the conditions for release in the MBI and BPDP have been satisfied or cancelled/non renewed by surety. 3) If any payment under this Bond, as set forth in subsection 4 b) below, is made. then the outstanding penal sum of the Bond shall be reduced by the corresponding amount of such payment.Notwithstanding anything contained herein to the contrary, the aggregate liability of the Surety is limited to the Maximum Penal Suun stated above regardless of the number or amount of claims brought against this bond and regard less of the number of years this bond remains in effect. The Obligee shall issue a full and final release of this Bond and any and all of Surety's obligations hereunder when Surety has tendered payment in whole,or in parts equal to the aggregate sum, of the Maximum Penal Sum of this Bond. 4) The Surety's obligation under this Bond shall only arise after the Obligee has notified the Principal and the Surety of the Principal 's failure to abide by the terms and conditions of the UMBI and BPDP. Upon notice of the Principal's default under the MBI and BPDP,the Surety, in its sole discretion, shall remedy Docusign Envelope ID:39935084-324A-485F-8D75-6B6F81 EA1 BBO the Principal 's default either under subsection 4) a) or 4) b) below. In the event that the Surety either fails to respond to Obligee's notice of default within thirty (30) business days of receipt of said notice, or fails to honor Surety's commitments underthis bond to the full satisfaction ofthe Obligee,then Surety shall remedy such default in accordance with subsection 4) c) below. a) Surety shall remedy Principal 's default to the full satisfaction of the Obligee by a reasonable date certain set by the Obligee; or b) Surety shall immediately tender to a party, or parties, identified by the Obligee the entire, or a portion thereof the, Maximum Penal Sum, that the Obligee has determined is due i n an effort to remedy the Principal's default.In no event shall any portion of the Maximum Penal Sum be tendered to the Obligee. Any new party or parties identified by the Obligee under this section shall immediately become a Surety or Sureties under this bond for the remaining term of the bond.If the Obligee determines that it is unable to identify such a party, or parties, the Surety(ies) shall remedy the default of the Principal under subsection 4)a)of this bond; c) The Surety shall pay to a party,or parties, identified by the Obligee the remaining unexpended portion of the Maximum Penal Sum. Said sum shall become immediately due to a party,or parties, identified by the Obligee. In no event shall such sum be tendered to the Obligee. Any new party or parties identified by the Obligee under this paragraph shall immediately become a Surety or Sureties under this bond for the remaining term of the bond. NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, THE LIABILITY OF THE PRINCIPAL AND SURETY UNDER THIS BOND IS LIMITED TO THE TERM BEGINNING THE 15th DAY OF July ,2024,AND ENDING THE 15th DAY OF July , 2025. AND ANY EXTENSIONS OR RENEWALS OF THE REFERENCED AGREEMENT SHALL BE COVERED UNDER THIS BOND ONLY WHEN CONSENTED TO IN WRITING BY THE SURETY. IT IS FURTHER AGREED THAT THE REFUSAL BY THE SURETY TO EXTEND THE TERM OF THIS BOND SHALL NOT CONSTITUTE A DEFAULT BY THE PRINCIPAL, AND SHALL NOT GIVE RISE TO A CLAIM OR DEMAND AGAINST THE SURETY UNDER THIS BOND. In accordance with 33 C.F.R. § 332.3(n)(5),the Surety shall provide the Obligee notification of at least 120 days in advance of termination, revocation, or modification of this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein, or their heirs, executors, administrators or successors. The above-bounden parties have executed this instrument under their several seals, dated this 15th day of July, 2024, the name and corporate seal of each corporate party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Docusign Envelope ID:39935084-324A-485F-8D75-6B6F81 EA1 BBO Principal: Environmental Banc& Exchange,LLC By: Plej CrZ �G' C1 hj �11�G r Surety: Fidelity and Deposit Compan aryland By: W' ' Vanessa Dominguez,Attorney-in- t Obligee: North Carolina Department of Enironmental Quality—Division of Water Resources DocuSigned by: By: t, As 755ABFOCD8OB428... Docusign Envelope ID:39935084-324A-485F-8D75-6B6F81 EA1 BBO ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President in pursuance of authority granted by Article V.Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Gina A.RODRIGUEZ,Donna L. WILLIAMS,Vanessa DOMINGUEZ,Terri MORRISON,Andrea M.PENALOZA, Lisa A.WARD,Amanda GEORGE, Misty WRIGHT,Lupe TYLER of Houston,Texas, its true and lawful agent and Attorney- in-Pact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 26th day of March,A.D.2024. '�nsuanya} m,„a . ........f A!'---'CanJ��'c'Fq SEAL ?r' 'i{USEAI.`"1�= SEAL`" . _c�, *'� :f= AT"I'IiST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY CONIPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: RoberrttD.ilhrrrciv Vice President ��.. CAL. By: Dann E. Brown secretary State of Maryland County of Baltimore On this 26th day of March, A.D.2024, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison O lk9 CaENEVIEVE M.MAISON m nueu NOTARYPUBUO ,`ro BALTIMORE COUNTY,Mp MYGOinmissioiiE+paes,ANUARY27,2025 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-5.59-8790 Docusign Envelope ID:39935084-324A-485F-8D75-6B6F81 EA1 BBO EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V.Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or anv Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto,and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate,and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may, be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney.-Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary.or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 15th day of July 2024 . 4NS FyOR• .4� 2POR'•.F ' ^O QP09 u r O� �'� ', 3 2z{'O SEAL ` = Ui SEAL ?mob_ a 7? SEAL goon uw\u`. r gEX x � Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfclaims(a Urichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790