20170110 Ver 2_Mitigation Bank Information_20180403

Water Resources
ENVIRONMENTAL QUALITY
April 3, 2018
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— Task 3
Dear Ms. Bylow:
ROY COOPER
(1010,1101,
MICHAEL S. REGAN
sec /enl
LINDA CULPEPPER
/nterim Director
DWR Project #: 2017-0110v2
Wayne County
On March 9, 2018, the Division of Water Resources (DWR) received an As -Built Report from
Restoration Systems, LLC (RS) for the Weaver Farm Mitigation Site. On March 22, 2018, Katie
Merritt with DWR requested additional information to complete her review of the report. On March
28, 2018, RS provided Ms. Merritt with the information requested. According to the As -Built survey
submitted with the As -Built Report, there are slight adjustments in the total amounts of Riparian
Buffer credits as well as Nitrogen Nutrient Offset credits as compared to the Bank Parcel
Development Package. The subject site has generated 6.15 acres (267,894 ft2) of buffer restoration
credits and 14.64 acres (34,913.58 lbs) of nitrogen nutrient offset credits. The credits being released
have been modified to reflect any changes to the creditable acreage as proposed in the BPDP.
On April 3, 2018, DWR received a performance bond (#22B SBHT426 1) in the amount of $100,000
issued to RS from The Hartford Fire Insurance Company to cover monitoring and maintenance at
the subject site. The term of this bond applies from March 29, 2018 until approval by DWR of the
Year 1 Monitoring Report. Therefore, RS is required to renew the performance bond upon
notification of approval of the Year 1 Monitoring Report. Future credit releases will be dependent on
both the renewal of this performance bond and the annual monitoring reports.
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
3) Monitoring Financial Assurance Posted & Approval of As -Built Report 10%
By copy of this correspondence, DWR confirms that you have satisfied the above requirements for
the above -referenced tract and 10% of your Neuse riparian buffer Restoration credits (0.10 x
267,894 ft2 = 26,789.40 ft2) plus 1,372.14 ft2 results in 28,161.54 ft2 that are now available for sale.
Additionally, 10% of your Nitrogen nutrient offset credits (0.10 x 34,913.58 lb -N = 3,491.36 lb -N)
plus 685.32 lbs -N results in 4,176.68 lbs -N that are now available for sale.
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
April 3, 2018
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 according to guidelines in the Consolidated Buffer Mitigation Rule, 15A NCAC
02B.0295, which became effective on November 1, 2015. Additionally, riparian buffer
Preservation credits cannot be converted into nutrient offset credits.
Please feel free to call Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
, QA —
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc:File Copy (Katie Merritt)
212

PERFORMANCE BOND
FOR MONITORING
Bond No. 22BSBHT4261
The Hartford, Bond, T-4
One Hartford Plaza, Hartford, Connecticut 06155
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 Thousand & no/100----------------------------($100,000.00), 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
agreement with the above named Obligee, effective the 7 day of July, 2017 for 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, as more fully described in said
Agreement, a copy of which is attached, which Agreement is 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 monitoring obligations, 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.
Notwithstanding the provisions of the Contract, the term of this bond shall apply from March 29, 2018 and end with the
approval of the Year 1 Monitoring Report by the North Carolina Department of Environmental Quality but may be
extended by the Surety with a Continuation Certificate for future monitoring years 2-5. 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 or any 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 29 day of March, 2018.
fitness
RESTORATION SYSTEMS, LLC
G,-,7 A
Principal If
--+hkRT4i6RD FIRE 1 URA CE COMPANY
Witness Phoebe C. Honeycutt, Attorney -in -F ct
BB&T Insurce ervices
�{ 4309 Emperor vd., Suite 300
Agreed and acknowledged this day of t' , 2018 Durham, NC 27703
By:
Obligee
S-5025 (08-99)

Direct Inquiries/Claims to:
POWER OF ATTORNEY THE HARTFORD
Bond T-12
One Hartford Plaza
Hartford, Connecticut 06155
email: [e-mail]
call: 888-266-3488 1 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
0 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 Attorney(s)-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.
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John Gray, Assistant Secretary
STATE OF CONNECTICUT
S& Hartford
COUNTY OF HARTFORD
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
C0111f (CATE
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 March 29, 2018
Signed and sealed at the City of Hartford.
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Kevin Heckman, Assistant Vice President
POA 2012