20170110 Ver 2_Credit Release #1 & Signed Bond_20170712

Water Resources
ENVIRONMENTAL QUALITY
July 12, 2017
ROY COOPER
MICHAFL S. REGAN
S. JAY ZIMMERMAN
P?
DWR Project #: 2017-0110v2
Wayne County
Ms. Tiffani Bylow
Restoration Systems, LLC
1101 Haynes St., Suite 211
Raleigh, NC 27607
Re: Weaver Farm Mitigation Banking Instrument (MBI)
Weaver Farm Nutrient Offset & Buffer Mitigation Bank
Credit Release— Tasks I & 7
Dear Ms. Bylow:
On April 14, 2017 and May 3, 2017, the Division of Water Resources (DWR) received a
Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP)
respectively from Restoration Systems, LLC (RS) for review and approval of the above -
referenced site. After receiving comments from Katie Merritt with DWR, RS submitted a
revised MBI on June 7, 2017 and a revised BPDP on May 25, 2017.
On June 7, 2017, the revised MBI and BPDP were placed on public notice. DWR received no
comments regarding the subject MBI and BPDP. The BPDP is now approved and the MBI has
been made and entered into by RS, acting as the Bank Sponsor, and the DWR as of July 7, 2017.
On July 11, 2017, the DWR received a signed and recorded conservation easement and
corresponding plat for the subject site. Additionally, DWR received a performance bond
(#22BSBHC3723) to cover performance obligations for the construction of the subject site. This
bond is with The Hartford Fire Insurance Company and expires upon the approval of the As -
Built Report by the DWR.
In accordance with the MBI, signed on July 7, 2017, the following Project Milestones have been
met and the corresponding credits shall be released:
Task/Milestones Credit
1) MBI and BPDP Approved by DWR, Conservation Easement recorded, 20%
and Financially Assurance Posted
7) Item B (1) of Section X in the MBI (assign the easement 5%
to stewardship) has been completed and approved
TOTAL: 25%
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Weaver Farm Bank Parcel
Restoration Systems, LLC
July 12, 2017
By copy of this correspondence, DWR confirms that you have satisfied the above requirements
for the above -referenced tract and 25% of your Nitrogen nutrient offset credits
(0.25 x 33,390.65 lb -N = 8,347.661b -N) are now available for sale. Additionally, 25% of your
Neuse buffer mitigation credits (0.25 x 264,844.80 ft2 = 66,211.20 ft2) are now available for sale
Please note that nutrient offset credits generated at this site must be used for impacts in
HUC 03020201 of the Neuse River Basin excluding the Falls Lake Watershed pursuant to
15A NCAC 02B.0240. Additionally, the riparian buffer credits must be used for impacts
in the Neuse River Basin in accordance with guidelines in the Consolidated Buffer
Mitigation Rule, 15A NCAC 02B.0295, which became effective on November 1, 2015.
Please use the Credit Ledger Templates provided on our website at:
http://-portal.ncdenr.org/web/wq/nutrientbuffertemplates to track and report credit availability for
the Weaver Farm Mitigation Bank. Upon receiving this correspondence, please submit two credit
ledgers to DWR reflecting the available credits released for each mitigation type.
Please feel free to call Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
OAM6VVO't--
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/km
cc:File Copy (Katie Merritt)
Page 212

PERFORMANCE BOND The Hartford, Bond, T-4
One Hartford Plaza, Hartford, Connecticut 06155
Bond No. 22BSBHC3723
KNOW ALL MEN BY THESE PRESENTS, that we, Restoration Systems. LLC, as Principal, and Hartford Fire
Insurance Company, licensed to do business in the State of North Carolina as Surety, are held and firmly bound unto
North Carolina Department of Environmental Quality (NCDEQ) — Division of Water Resources (DWR)
(Obligee), in the penal sum of One Hundred Fifty Thousand & no/100 Dollars ($150,000) lawful money of the United
States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves,
their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain
written Agreements with the above named Obligee, effective the 7 day of July, 2017, for the Weaver Farm Nutrient
Offset and Buffer Mitigation Bank Parcel located within the Neuse River Basin in the 14 digit United States
Geological Survey (USGS) Cataloging Unit 03020201170010 of the South Atlantic/Gulf Region and more fully
described in said Agreements, a copy of which is attached, which Agreements are made a part hereof and incorporated
herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond
as set out below.
NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully
perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and
void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee
subject to the following express condition:
Notwithstanding the provisions of the Agreements, this bond will commence on the date of approval of the Mitigation
Banking Instrument and Bank Parcel Development Package and will terminate upon approval of As -Built and Baseline
Monitoring Report by the Division of Water Resources (DWR), but may be extended by the Surety at its sole option by
Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a
replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or
any renewal or continuation thereof. The liability of the Surety under this bond and all Continuation Certificates issued in
connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any
additions, riders, or endorsements properly issued by the Surety as supplements thereto.
Sealed with our seals and dated this 11 day of July, 2017
r
Witness
— Hartfo ire Insdra - ce C an
Phoebe C. Honeycutt , Attorney -in -F ct
Agreed and acknowledged this 1A day of _, 2017 BB&T Insurance Services
4309 Emperor Blvd., Suite 300
00 By: Durham, NC 27703
Obligee
S-5025 (08-99)

Direct Inquirfes/C/aims to:
Y
P F ATTORNETHE HARTFORD
OT� TER O Bond T-12
v V One Hartford Plaza
Hartford, Connecticut 06155
email: [e-mail]
cal/: 888-266-34881 fax: [phone]
KNOW ALL PERSONS BY THESE PRESENTS THAT: Aaencv Code: 22-270197
© Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
© Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of Unlimited
Bobbi D. Pendleton, Kenneth J. Peeples, Neil B. Biller, Angela B.
Britt, Heather Burroughs, Phoebe C. Honeycutt, Christopher A. Lydick,
Julia C. McElligott, Adam Pfanmiller, Jason Lee Sayers of DURHAM,
North Carolina
their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated
above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf
of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds
and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have
caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further,
pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any
mechanically applied signatures applied to this Power of Attorney.
John Gray, Assistant Secretary
STATE OF CONNECTICUT
ss, Hartford
COUNTY OF HARTFORD
0'1---�
, ,•
M. Ross Fisher. Vice President
On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that
he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed
the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were
so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority.
Kathleen T. Maynard
"RIVICATE Notary Public
My Commission Expires July 31, 2016
I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force effective as of July 11, 2017
Signed and sealed at the City of Hartford.
asa a.uc;;'36y V!i T :Yanate ;�
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Kevin Heckman, Assistant Vice President
POA 2012