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
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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
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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
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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