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20140705 Ver 2_Approved BPDP Final_20160817Bank Parcel Development Plan Selma Mill Buffer/Nutrient Offset Site Selma Mill Riparian Buffer and Nutrient Offset Mitigation Bank Johnston County, North Carolina Neuse River Basin HUC 03020201100050 Prepared By: 0 res EBX-Neuse I, LLC, an entity of Resource Environmental Solutions 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-829-9909 May 2016 Table of Contents 1 INTRODUCTION.............................................................................................................................. 2 1.1 Parcel Location............................................................................................................................. 2 1.2 Parcel Overview............................................................................................................................2 2 PROJECT AREA — EXISTING CONDITIONS.............................................................................3 2.1 Physiography................................................................................................................................ 3 2.2 Soils.............................................................................................................................................. 3 2.3 Vegetation.....................................................................................................................................5 2.4 Wetlands....................................................................................................................................... 5 2.5 Threatened and Endangered Species............................................................................................ 6 2.6 Environmental and Cultural Constraints...................................................................................... 7 2.7 FEMA Floodplain/Floodway Mapping........................................................................................ 7 3 RESTORATION PLAN.....................................................................................................................7 3.1 Riparian Restoration Activities.................................................................................................... 7 3.2 Planting Plan................................................................................................................................. 8 3.3 Easement Boundaries and Fencing............................................................................................... 8 4 MONITORING AND MAINTENANCE PLAN............................................................................. 9 4.1 Monitoring Protocol and Success Criteria.................................................................................... 9 4.2 Adaptive Management Plan.......................................................................................................... 9 4.3 Long Term Management Plan...................................................................................................... 9 5 FINANICAL ASSURANCE............................................................................................................10 6 MITIGATION POTENTIAL..........................................................................................................10 7 REFERENCES.................................................................................................................................12 APPENDIX Appendix A— Supporting Figures Figure 1. Project Vicinity Map Figure 2. USGS Topographic Map Figure 3. National Wetlands Inventory Map Figure 4. 1981 Historical Conditions Figure 5. Soils Map Figure 6a. FEMA Map Figure 6b. FEMA Map Figure 7. Existing Conditions Figure 8. Conceptual Design Plan for Stream and Buffer Mitigation Figure 9. Service Area Map Appendix B- Stream Classification Forms Appendix C- Correspondence Appendix D—Conservation Easement and Plat Selma Mill Parcel Development Package Buffer/Nutrient Offset Site i May 2016 I INTRODUCTION EBX—Neuse I, LLC (EBX), an entity of Resource Environmental Solutions (RES), is pleased to provide this Bank Parcel Development Plan (BPDP) for the Selma Mill Riparian Buffer & Nutrient Offset Mitigation Bank. This Parcel is designed to provide riparian buffer mitigation credits for unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey (`USGS') 8 - digit Hydrologic Unit Code (HUC — 03020201). In addition, it will also provide nutrient offset credits in the 03020201 HUC, excluding the Falls Lake Watershed, for existing and proposed development requiring such mitigation. This BPDP is in accordance with the Temporary Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295 and 15A NCAC 02B.0240 as well as the Selma Mill Mitigation Banking Instrument for Riparian Buffer Mjtigation and Nutrient Offset Credits, made and entered into by EBX-Neuse 1, LLC acting as the Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ) on August 11, 2016. Supporting figures can be found in Appendix A. The BPDP has also been designed in concurrence with the Selma Mill Stream Mitigation Bank (SAW# 2015-00710). The mitigation plan for the Selma Mill Stream Mitigation Bank has been submitted and approved by the Interagency Review Team. 1.1 Parcel Location The Selma Mill Parcel is located in Johnston County immediately north of Selma, NC (Figure 1). Within the Parcel, three unnamed tributaries traverse the site and exhibit diminished habitat value as a result of past and on-going agricultural activities and impervious watershed conditions. The Parcel is located within Neuse River Basin USGS 14 -digit HUC 03020201100050 and North Carolina Division of Water Resources (NC DWR) Subbasin Number 03-04-02. To access the Parcel from the town of Selma, travel north on NC Hwy 96 (N Sumner Street). The site is on the left side of the road beginning immediately north of W Chestnut Street. The site extends approximately 2,300 feet north on the left side of NC HWY 96. A tributary crosses NC HWY 96 approximately 1,900 feet north of W Chestnut Street. The coordinates of the site are 35.547574°N and - 78.283716°W. 1.2 Parcel Overview The Selma Mill Stream Mitigation Bank easement totals 34.2 acres and includes three unnamed tributaries, and stormwater runoff from adjacent pastures that flow directly to Mill Creek. The Parcel is located in an area dominated by agriculture, livestock, and residential land use. A majority of the Parcel is utilized for livestock grazing, pasture, and row -crop production. Additional land use practices including the maintenance and removal of riparian vegetation and the relocation, dredging and straightening of onsite streams has resulted in degraded water quality and unstable channel characteristics. The Selma Mill Stream Mitigation Bank is proposed to provide stream restoration on approximately 7,115 linear feet of streams within the conservation easement through a separate mitigation banking instrument. Figure 7 shows the existing stream channel and Figure 8 shows the proposed stream channel designs for the stream mitigation bank. Restoration of the riparian buffer is anticipated to result in immediate water quality benefits within the vicinity of the Parcel through the removal of livestock access to Parcel streams. The riparian restoration activities within the Parcel will also result in improved water quality within the downstream watershed. Unnamed tributary "A" is a perennial channel which flows in a northerly direction Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 2 May 2016 before draining into Mill Creek downstream of the easement. Unnamed tributary "B" is a perennial channel which flows in a westerly direction across the Parcel until its confluence with unnamed tributary "A", east of NC Hwy 96. Reach "C" is an intermittent channel flowing in a southwesterly direction before draining into tributary `B". Stream identifications were verified by the United State Army Corps of Engineers (USACE) during an IRT site visit on July 30th, 2014 and NC DWR site visit on March 5, 2015. The drainage area of the Parcel is 0.84 miz. The Selma Mill Bank Parcel is being proposed to restore, enhance, and preserve stream systems with their adjacent riparian buffers and their functions and values to compensate in appropriate circumstances for unavoidable stream and riparian buffer impacts and nutrient load reduction requirements. The buffer mitigation plan proposed on this Bank is being submitted for review under the Temporary Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 as well as conditions specified in the Selma Mill Riparian Buffer and Nutrient Offset Mitigation Banking Instrument. 2 PROJECT AREA — EXISTING CONDITIONS 2.1 Physiography The Parcel is in the Coastal Plain Physiographic Province. Soils in the Coastal Plain region formed in sediment deposits several millions of years ago by the ocean and streams; however, the floodplains along the Neuse River consist of fairly recent deposits. These deposits are not as weathered as the sediments in the Coastal Plain region. The site is located on the Mill Creek floodplain and has a gently rolling topography. Elevations range from 154 to 172 feet above mean sea level (NAD 27) based upon USGS mapping (Figure 2). Three unnamed tributaries on the Selma Mill Bank Parcel as well as overland flow of stormwater drain into Mill Creek approximately 100 feet downstream of the parcel. Natural drainage patterns throughout the watershed have been altered by cultivation and dredging of the channels. Within the proposed mitigation area, the channels drain surface water and groundwater from the surrounding residential areas, row crop agriculture, and cattle pastures. 2.2 Soils The soils within the Coastal Plain region of Johnston County formed in sediments deposited several million years ago by the oceans and streams. The floodplains along the Neuse River consist of relatively recent deposits of sediments that are not as highly weathered as sediments in the Coastal Plain Region. Much of the county is well drained; however, several areas are poorly drained. The Parcel is shown to straddle two soil associations: the Rains -Goldsboro -Lynchburg and the Norfolk -Goldsboro -Rains. The Rains -Goldsboro -Lynchburg association is found in broad, level interstream areas that are relatively undissected by streams. The major soils are Rains, Goldsboro, and Lynchburg. The soils range from poorly to moderately well -drained. The soils are well suited to cropland. The wetness is the main limitation affecting agricultural uses on the Rains and Lynchburg soils. The Norfolk -Goldsboro -Rains association is found along the edges of broad interstream areas or on moderately broad ridges in the uplands. The major soils are Norfolk, Goldsboro, and Rains. The Norfolk and Goldsboro soils are moderately well to well drained and are well suited to most crops and urban uses in the area. The Rains soils are poorly drained. All soils are well suited for woodlands and most of the crops grown in the county. Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 3 May 2016 The Johnston County Soil Survey shows eight mapping units across the project site. Map units include five soil series (Figure 5). The upland soils found in this area of the county formed in sandy sediments from marine and fluviomarine deposits or loamy alluvium. The upland soils at this site are on a river terrace above the active floodplain. The soil series found on the site are described below and summarized in Table 1. Table 1. Parcel Mapped Soil Series Map Unit Map Unit Name Percent Drainage Hydrologic Landscape Symbol Hydric Class Soil Group Setting GoA Goldsboro sandy loam, 2 �0 ° Moderately B Flats, Marine 0 — 2% slopes well Terraces L Ly Lynchburg sandy loam 2% Somewhat C Flats, Marine poorly Terraces NoA Norfolk loamy sand, 0 5% Well B Flats, Marine — 2% slopes Terraces NoB Norfolk loamy sand, 2 2% Well B Floodplains — 6% slopes NuA Norfolk -Urban land 0% Well B Uplands complex, 0 — 3% slopes Ra Rains sandy loam 80% Poorly B/D Flats, Marine Terraces Rba Rains -Urban land 60% Poorly B/D Flats, Marine complex, 0- 2% slopes Terraces Wt Wehadkee loam, 85% Poorly D Depressions, frequently flooded Floodplains Goldsboro sandy loam. This is a very deep, moderately drained soil found on uplands of the Coastal Plain. Soils formed in fluviomarine deposits, and generally occur on slopes between 0-10%. Runoff is negligible to medium and permeability is moderate. Major uses are cropland. Goldsboro sandy loams occur along flats and terraces along the edges of the proposed conservation easement. Lynchburg sandy loam. This is a very deep, somewhat poorly drained soil that occurs on terraces and flats of the Coastal Plain. They formed in fluviomarine deposits, and generally occur on slopes between 0-5%. Runoff is negligible and permeability is moderate. Major uses are cropland, pasture, and forest. Lynchburg sandy loam is the predominant soil throughout the project area occurring along the streambanks and floodplains in the easement. Norfolk loamy sand. This is a very deep, well -drained soil that occurs on uplands of the Coastal Plain. They formed in fluviomarine deposits, and generally occur on slopes between 0-10%. Runoff is negligible to medium and permeability is moderate to high. This soil type is mostly cleared and used for cropland. Norfolk loamy sands occur along the interstream areas between Reach A and B in the target parcels of the proposed conservation easement. Norfolk -Urban land complex. This unit consists of the well -drained Norfolk soils and urban land. The unit is about 50% Norfolk soil and 30% urban land. Norfolk -urban land complex occurs along the residential areas to the east of Reach A. Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 4 May 2016 Rains sandy loam. This is a very deep, poorly drained soil that occurs on flats and depressions of the Coastal Plain. They formed in fluviomarine deposits, and generally occur on slopes between 0-2%. Runoff is negligible and permeability is moderate. Major uses are forest and cropland. Rains sandy loam occurs along the top of Reach B in the conservation easement. Rains -Urban land complex. This unit consists of poorly drained Rains soils and urban land in broad upland areas on the Coastal Plain. The unit is about 55% Rains soil and 25% urban land. Rains -Urban land complex occurs along the top of Reach A in the conservation easement. Wehadkee loam. This nearly level, poorly drained soil occurs on stream and tributary floodplains. Most mapped areas are long and narrow, and slopes are generally 0-2%. Permeability is moderate and the seasonally high water table is generally within 12 inches of the surface. Surface runoff is slow. Wehadkee loam occurs at the most downstream end of the easement, near the confluence with Mill Creek. 2.3 Vegetation Current land use around the project is primarily residential, pasture, agriculture, and forestry. Land use immediately surrounding the project includes residential, pasture, and row crops. Within the project easement two prominent vegetative communities are present: active pasture and row crops. Exotic species are also present, including Chinese privet (Ligustrum sinense). Riparian Restoration Neuse riparian buffer restoration is proposed along reaches A, B, and C within the first 50' adjacent to the streams. Features A & B are subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233. Where riparian restoration activities extend beyond the 50', EBX will be acquiring additional stream mitigation credit and not riparian buffer credit or nutrient offset. Riparian restoration along reaches A and B are expected to generate riparian buffer credits and riparian restoration along Reach C is expected to generate nutrient offset credits. Current land use in the vicinity of the project is primarily agricultural and residential. Along the upper end of Reach A, the right bank stream corridor is wooded with loblolly pine and mixed hardwoods. Exotic species are also present throughout, including Chinese privet and multiflora rose (Rosa multiflora). The rest of Reach A, and the majority of Reaches B and C, is active agricultural field (pasture or fallow field) with either Bermuda grass (Cynodon dactylon) or fields planted with annual rye/wheat, depending upon the season. Other grasses and weeds are limited. The current land use along the right bank of the top of Reach B and along portions of the stream corridor is forest with a mix of trees, saplings, and shrubs. The common species include tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), and some loblolly pine (Pinus taeda). The understory mainly consists of giant cane (Arundinaria gigantea), and few other shrubs. Green briar (Smilax sp) and Chinese privet are locally dense. The currently wooded areas will be surveyed out of the total mitigation acreage (Figure 8). The land use along Reach C is active agriculture (hayfield) with some sedges (Carex sp.) and rushes (Juncus sp.) present along the stream banks. 2.4 Wetlands The US Fish and Wildlife Service (USFWS) National Wetland Inventory depicts a small area of wetlands within the of project site (Figure 3). An area along the floodplain of Reach A2 is mapped as PFO 1 A (Palustrine Forested Broad -Leaved Deciduous Temporarily Flooded). Additionally, a pond at the top of Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 5 May 2016 Reach C is mapped as PUBHx (Palustrine Unconsolidated Bottom Permanently Flooded Excavated) A wetland delineation was performed in March 2015. Wetland boundaries were delineated using current methodology outlined in the 1987 Army Corps of Engineers Wetland Delineation Manual (DOA 1987) and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers 2010). The jurisdictional wetland boundaries are depicted on Figure 7. No wetland areas are being proposed for wetland mitigation credit. 2.5 Threatened and Endangered Species Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service database (updated 22 September 2010) lists four endangered species for Johnston County, North Carolina: red -cockaded woodpecker (Picoides borealis), Tar River spinymussel (Eliptio steinstansana), dwarf wedgemussel (Alasmidonta heterodon), and Michaux's sumac (Rhus michauxii) (Table 2). The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary site evaluations. In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species were mapped within one mile of the project site. Results from NHP indicate that there are no known occurrences of state threatened or endangered species within a one -mile radius of the project area. Based on initial site investigations, no impacts to state protected species are anticipated as a result of the proposed project. The proposed project offers some potential to improve or create suitable habitat for several Federal Species of Concern. Habitat may be improved or created for species that require riverine habitat by improving water quality, in -stream and near -stream forage, and providing stable conditions not subject to regular maintenance. Improved stream habitat may benefit the American eel (Anguilla rostrata). Terrestrial habitat will be improved through the restoration and enhancement of bottomland hardwood communities. Improved terrestrial habitat may benefit pondspice (Listea aestivalis), Cuthbert turtlehead (Chelone cuthbertii), and Rafinesque's big -eared bat—Coastal Plain subspecies (Corynorhinus rafinesquii marcotis). WK Dickson submitted a request to USFWS for review and comments on the proposed Project on February 16, 2015 in regards to any potential impacts to threatened and endangered species. A response from USFWS received on March 20, 2015 stated that the proposed Project "is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the [Endangered Species] Act". The USFWS did express concern that sedimentation may impact aquatic species. They recommend "that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing... stringent sediment and erosion control measures". Correspondence is provided in Appendix C. Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 6 May 2016 Table 2. Federally Protected Species in Johnston County Common Name Scientific name Federal Status Habitat Present Record Status Vertebrate: Red -cockaded woodpecker Picoides borealis E No Current Bald eagle Haliaeetus leucocephalus BGPA Yes Current Invertebrate: Tar Rivers in mussel Eli do steinstansana E No Current Dwarf wedgemussel Alasmidonta heterodon) E No Current Vascular Plant: Michaux's Sumac Rhus Michauxii E No Current E = Endangered; BGPA = Bald and Golden Eagle Protection Act 2.6 Environmental and Cultural Constraints Environmental and cultural resources include historic and archeological resources located in or near the project parcel. WK Dickson has evaluated the Parcel's existing and future conditions of cultural resources to determine potential project impacts. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, cultural resources, and the potential for hydrologic trespass. A review of the North Carolina State Historic Preservation Office (SHPO) GIS Web Service database did not reveal any listed or potentially eligible historic or archeological resources in the proposed project area. No architectural structures or archeological artifacts have been observed or noted during surveys of the site for restoration purposes. The State Historic Preservation Office (SHPO) has been notified of the proposed project and no response has been received. Correspondence is provided in Appendix C. 2.7 FEMA Floodplain/Floodway Mapping Hydrologic trespass is a not a concern for this project. The Selma Mill Site is not located within a FEMA 100 year floodway (Figure 6). While designing the Selma Mill project, appropriate measures were taken to eliminate hydrologic trespass of the adjacent agricultural fields and animal operations. The adjacent land use will not be affected by the proposed design, and the property owners have been notified of any potential impacts from hydrologic trespass within existing ditches. No detrimental impacts are expected beyond the easement limits. 3 RIPARIAN RESTORATION PLAN 3.1 Riparian Restoration Activities Riparian restoration adjacent to Streams A, B and C shown in Figures 7 and 8, was approved by the DWR in their letter dated April 7, 2015 and attached in Appendix C. The restoration of plant communities within the Parcel will not only provide stabilization and improve water quality within the easement limits, but also provide ecological benefits to the entire watershed. Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community types, so the protected buffer easement will be planted with appropriate native species observed in the surrounding forest and species known to occur in similar environments. All riparian restoration activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 7 May 2016 performed may be altered slightly depending on the approval of the Stream Mitigation Plan for the Stream Mitigation Bank. The riparian restoration areas will be surveyed and information provided in the As -Built report. The current land uses adjacent to the three streams on the Bank Parcel is pasture, and/or hay fields. Livestock will be excluded from all restoration areas that currently have cattle access, by fencing installed to NRCS specifications. The Neuse buffer areas will be planted from top of bank back at least 50' from the stream with bare root tree seedlings on an 8 by 8 foot spacing to achieve an initial density of 680 trees per acre. The buffered channels will provide water quality and habitat functions within the sensitive Neuse River watershed, such as nutrient and sediment removal, filtration of runoff, and improved aquatic and terrestrial habitat. Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some species, such as red maple (Acer rubrum) and sweetgum. Rapidly regenerating species and invasive species (e.g. privet) may develop greater individual species density and create a less diverse mix. Minimal maintenance is anticipated due to the past cultivation history. 3.2 Planting Plan Revegetation of the site will include controlling invasive species growth and planting at least 4 native hardwood bare root trees planted at a density to ensure a density of 260 stems per acres at the completion of monitoring. No one tree species will be greater than 50% of the established stems. Coastal Plain Small Stream Swamp will be the target community type and will be used for all areas within the project. The community is defined by Schafale and Weakely (1990). The initial planting of bare root trees will occur in winter 2017 or during stream restoration work whichever comes last. Tree species specified for planting on the Selma Mill Site are shown in Table 3. Table 3. Selma Mill Site Tree Planting List Common Name Scientific Name indicator Growth Rate River Birch Betula nigra FACW rapid Oak, Willow Quercus phellos FACW rapid Oak, Swamp Chestnut Quercus michauxii FACW- moderate Oak, Water Quercus nigra FAC rapid American sycamore Platanus occidentalis FACW- rapid Swamp tupelo Nyssa biflora OBL moderate Oak, Overcup Quercus lyrata OBL moderate Bald Cypress Taxodium distichum OBL rapid 3.3 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to NC DWR. Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 8 May 2016 4 MONITORING AND MAINTENANCE PLAN 4.1 Monitoring Protocol and Success Criteria Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording Vegetation Level 1-2 Plot Sampling Only Version 4.0. Annual vegetation monitoring will occur each year during the fall season with the first year occurring at least 5 months from initial planting. As part of the stream mitigation plan, twenty-five (25) vegetation monitoring plots will be installed a minimum of 100 m2 in size, and will cover at least two percent of the planted mitigation area, eleven (11) of these plots will be randomly placed throughout the planted buffer and nutrient offset mitigation area and will be representative of the entire top of bank back fifty feet. The following data will be recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. The measures of vegetative success for the Parcel will be the survival of at least 4 native hardwood tree species, where no one species is greater than 50% of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Native volunteer species may be included to meet the performance standards. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the site. Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species. If mowing is deemed necessary by EBX during the monitoring period, EBX must receive approval by the DWR prior to any mowing activities to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Neuse buffer, as defined in 15A NCAC 02B .0233, by the DWR could result in Neuse buffer violations and violations of the conservation easement. If necessary, EBX will develop a species-specific control plan. 4.2 Adaptive Management Plan The Mitigation Plan will include a detailed adaptive management plan that will address how potential problems are resolved. In the event that the site, or a specific component of the site, fails to achieve the defined success criteria, EBX will develop necessary adaptive management plans and/or implement appropriate remedial actions for the site in coordination with the NC DWR. Remedial actions will be designed to achieve the success criteria specified previously, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. 4.3 Long Term Management Plan EBX—Neuse I, LLC (EBX), acting as the Bank Sponsor, has recorded a Conservation Easement with the Johnston County Register of Deeds Office. EBX will monitor the Site for a minimum of five years, or until NC DWR approval. Riparian restoration outside of the mitigation area for buffer and nutrient offset credits will be monitored in accordance with the monitoring protocol in the Selma Mill Stream Mitigation Plan. This BPDP provides detailed information regarding bank operation, including long term management and annual monitoring activities, for review and approval by the NC DWR. The Conservation Easement has been assigned to the North Carolina Wildlife Habitat Foundation (NCWHF). However, all monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of EBX until the Bank Parcel is transferred to the NCWHF. Endowment funds required to uphold the Selma Mill Bank Parcel conservation easement in perpetuity shall be negotiated prior to site transfer to the NCWHF. Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 9 May 2016 The Bank Sponsor has ensured that the Conservation Easement has allowed for the implementation of an initial monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Site during the initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the Selma Mill Riparian Buffer and Nutrient Offset Mitigation Banking Instrument made and entered into by EBX-Neuse I, LLC and NC DWR. 5 FINANCIAL ASSURANCE The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one - hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances will be payable at the direction of the NC DWR to its designee or to a standby trust. Financial assurances structured to provide funds to the NC DWR in the event of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least $150,000 and shall be able to cover 100% of the costs associated with construction of the riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to cover 100% of the costs associated with the monitoring and maintenance of the riparian restoration areas for five years. 6 MITIGATION POTENTIAL The Selma Mill Mitigation Bank presents 34.2 acres of permanent conservation easement in Johnston County, North Carolina. While this easement also encompasses areas for the Selma Mill Stream Mitigation Bank, the purpose of the Selma Mill Buffer & Nutrient Offset Bank is to generate Neuse riparian buffer mitigation and nutrient offset credits. A conservation easement and final recorded plat are provided in Appendix D. The width of the buffer/nutrient credit generation area will begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward to a distance of 50 feet. Although in most areas the easement extends beyond 50 feet, no riparian buffer credit or nutrient offset credit is being sought outside of the 50 -foot buffer. The outer 50' easement area is being utilized to generate additional stream mitigation credits. This Bank has the potential to generate approximately 11.71 acres of riparian buffer restoration credits and 1.83 acres of nutrient offset credits. The riparian buffer mitigation credits generated will service Neuse buffer impacts within the USGS 8 -digit HUC 03020201 of the Neuse River Basin. The Nitrogen nutrient offsets generated will service nutrient load reduction requirements where payments are authorized in 15A NCAC 02B .0240 within the USGS 8 -digit HUC 03020201, excluding the Falls Lake Watershed. The total potential mitigation credits that the Selma Mill Bank will generate are summarized in Table 4; Figure 8. Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 10 May 2016 Table 4. Selma Mill Bank Parcel Credit Summary Buffer Mitigation Total Credit Per Zone Type Credit Type Acreage Acre Mitigation Assets* Zone A Riparian Buffer (0-50') restoration Restoration 11.71 43,560 sq. ft. 509,953 sq. ft. Zone A Riparian Nutrient Offset (0-50') restoration (Nitrogen) 1.83 2,273.02 lbs. 4,158 lbs. The Sponsor may use the 13.54 acres (589,802.4 W) of riparian restoration areas for either Neuse buffer credits or Nitrogen nutrient offset credits, but not both. The Sponsor must submit a written request and receive written approval from DWR prior to any credit conversions and transfers to the buffer and nutrient offset credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 11 May 2016 7 REFERENCES NCDENR. 2009. "Neuse River Basinwide Water Quality Plan." Division of Water Quality. http:// http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013). NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4.1." N.C. Wetland Functional Assessment Team. NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. Selma Mill Parcel Development Package Buffer/Nutrient Offset Site 12 May 2016 Appendix A. Supporting Figures Figure 1. Project Vicinity Map Figure 2. USGS Topographic Map Figure 3. National Wetlands Inventory Map Figure 4. 1981 Historical Conditions Figure 5. Soils Map Figure 6a. FEMA Map Figure 6b. FEMA Map Figure 7. Existing Conditions Map Figure 8. Conceptual Design Plan Figure 9. Service Area Map 39 Selma Mill Site ini vl Figure 1. Resource Project Vicinity Map Environmental Selma Mill Buffer/Nutrient Offset Site Solutions 0 0.75 1.5 3 Miles JOHNSTON C UNTY 1 in = 1.5 miles Scale: NTS Legend Airports Proposed Easement Streams 5mile—aviation zone 03020201100050 Interstate Highway NC Highway Local Road Figure 1. Resource Project Vicinity Map Environmental Selma Mill Buffer/Nutrient Offset Site Solutions 0 0.75 1.5 3 Miles JOHNSTON C UNTY 1 in = 1.5 miles Scale: NTS X I Drainage Area- 583 acres I. 00 00 10,40 % , 4 V - N• , 0 Dis I Fkd�­ 'M rile eel , ol� .4 ReMEWA I AW av Selm tery] *fall" piht� :SOur e'lma'Quadra'ngle Copyright:© 2013 National 'Geogrjaqic'Society, i -cubed I Ores Figure 2. USGS Topographic Map Selma Mill Buffer/Nutrient Offset Site 0 1,000 2,000 4,000 Feet 1 inch = 2,000 feet Proposed Easement IF Im 1 Drainage area Streams .00e. Ch all" C� I Drainage Area- 583 acres I. 00 00 10,40 % , 4 V - N• , 0 Dis I Fkd�­ 'M rile eel , ol� .4 ReMEWA I AW av Selm tery] *fall" piht� :SOur e'lma'Quadra'ngle Copyright:© 2013 National 'Geogrjaqic'Society, i -cubed I Ores Figure 2. USGS Topographic Map Selma Mill Buffer/Nutrient Offset Site 0 1,000 2,000 4,000 Feet 1 inch = 2,000 feet Proposed Easement IF Im 1 Drainage area Streams 44/ L LU oft 'i CQ LU am „ 47 4C r.�� te CHESTNUT V W v i O qeF), Q E. tyoq T r 1 F! ,ysr i I NsT ygTT Source. NationaltWetlands S d 'T f 1E - GIS Data, 2013 ` Figure 3. Roads National Wetlands Inventory Map res Selma Mill Buffer/Nutrient Offset Site Existing streams NWI Wetlands 0 250 500 1,000 Feet Proposed Easement 1 inch = 500 feet fires Figure 4. 1980 Historical Conditions Selma Mill Buffer/Nutrient Offset Site 0 200 400 800 1,200 1,600 Feet 1 inch = 800 feet Roads Proposed Easement 410 ,p WWI # .Tc Soil Symbol Name 4 Soil Symbol Name q*% }; GoA Goldsboro sandy loam, 0 2% slopes Ra Rains sandy loam• j a+ Ly Lynchburg sandy loam RbA Rains Urban land complex, 0 - 2% slopes N0A Norfolk loamy sand, 0 - 2% slopes Ud Udorthents, loamy Nob Norfolk loamy sand, 2 - 6% slopes WaB Wagram loamy sand, 0 - 6% slopes NuA Norfolk -Urban land complex,0-3%slopes Wt Wehadkeeloam,frequentlyflooded le: NRCS#Soi1410 -11111 l Data, Johnston '1 unty Figure 5. Soils Map Selma Mill Buffer/Nutrient Offset Site Streams res 0 250 500 1,000 Proposed Easement Feet Johnston County Soils 1 inch = 500 feet FV i4v. 410 ,p WWI # .Tc Soil Symbol Name 4 Soil Symbol Name q*% }; GoA Goldsboro sandy loam, 0 2% slopes Ra Rains sandy loam• j a+ Ly Lynchburg sandy loam RbA Rains Urban land complex, 0 - 2% slopes N0A Norfolk loamy sand, 0 - 2% slopes Ud Udorthents, loamy Nob Norfolk loamy sand, 2 - 6% slopes WaB Wagram loamy sand, 0 - 6% slopes NuA Norfolk -Urban land complex,0-3%slopes Wt Wehadkeeloam,frequentlyflooded le: NRCS#Soi1410 -11111 l Data, Johnston '1 unty Figure 5. Soils Map Selma Mill Buffer/Nutrient Offset Site Streams res 0 250 500 1,000 Proposed Easement Feet Johnston County Soils 1 inch = 500 feet #' " I rir ` l zo at Nq R • • ' •f LL Y ' -'� r . -. Wi •aa' i q �� PECAN pR P P �ay� e C •� ,- ; 0 ~n Bch .J' q'.Q * U .rrj fi` `= g; < ISource:,NC; Flood Mane GIS Data T '4O J� Figure 6a. Roads Resource FEMA Map Existing Streams Environmental Selma Mill Buffer/Nutrient Offset Site Solutions ®Proposed Easement 0 0 250 500 1,000 FEMA 100 -yr Floodplain Feet 1 inch = 500 feet FEMA 100 -yr Floodway �i .w„ tr �L POP ,A, ti F r,. = Source: NC Flood Map GIS Data Figure 6b. Resource FEMA Map Existing Streams Environmental Selma MITI Buffer/Nutrient Offset Site Proposed Easement Solutions 0 0.25 0.5 1 Miles FEMA 100 -yr Floodplain 1 in = 0.5 miles FEMA 100 -yr Floodway pre4ct Figure 7. Existing Conditions Selma Mill Buffer/Nutrient Offset Site 250 500 1,000 Feet 1 inch = 500 feet j Proposed Easement Existing Streams Roads Wetlands 1. Lw 7 s � a 99 - �� CID It `ri v I t to .. CO ZIN Figure 8. Conceptual Design Plan Top of Bank resSelma Mill Buffer/Nutrient Offset Site � Zone A (0-50') -Buffer Credit Q Proposed Easement 0 175 350 7000 Feet 1 inch = 350 feet Total Credit Per Buffer Zone Credit Type Mitigation Assets Acreage Acre 1 Zone A (0-50') Buffer Restoration 13.54 43,560 sq ft 589,802 sq ft Total Buffer Restoration 589,802 sq ft Figure 8. Conceptual Design Plan Top of Bank resSelma Mill Buffer/Nutrient Offset Site � Zone A (0-50') -Buffer Credit Q Proposed Easement 0 175 350 7000 Feet 1 inch = 350 feet fires Figure 9. Service Area Map Selma Mill Buffer/Nutrient Offset Site 0 15 30 Miles 1 in = 15 miles Appendix B. Stream Classification Forms NC DWO Stream Identifieation Fnrm Vorainn d.11 Date: 3 - .3 - 2.01"; Projectlsite:5e. � :tt 12�9Evaluator: Latitude: �s County: ':TD1a"5t br^ Longitude: Total Points: Stream Determination (circle one) Other Stream lsatleasflntermlffent (,�' if>_19or erenniallfz30• Ephemeral Intermitter erenm e.g. Quad Name: A. Geomorphology (Subtotal = .24 S) Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 15. Sediment on plants or debris 2. Sinuosity of channel along thalweg 0 1 0 0.5 3 3. In -channel structure: ex. riffle -pool, step-pool,0 ripple -pool sequence No = 0 i © 3 4. Particle size of stream substrate 0 1 1 3 5. Activelrelict floodplain 0 1 1 3 6. Depositional bars or benches 0 1 2 7. Recent alluvial deposits 0 1 2 B. Headguts 0 1 3 9. Grade control 0 0.5 1 1. 10. Natural valley 0 0.5 t 1.5 _ _ _ 11. Second or greater cider channel No = 0 Yes 3 a artificial ditches are not rated; see discussions in manual B H drolo Subtotal = 10, d5 12. Presence of Baseflow 0 1 2 13. Iron oxidizing bacteria V 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes 3 C Rinlnnv [Qi thfnfol= In 1 1 B. Fibrous roots in streambed 1 3 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) - 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 25. Algae 0 26. Wetland plants in streambed - FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWQ Stream Identification Form Version 4.11 Date: S . ' _ El_ c1m2 rM` tt Projectl6ite: earl Latitude: Evaluator: Y6 6S4 County: SbhnS�en Longitude: Total Points: Stream Determination (circle one),Other 2 Stream is at least intermittent 3'� S Ephemeral Intermittent erenma p e.g. Quad Name: it>_f9or erennial ifz30' 2 3 A. Geomorphology (Subtotal = q ) Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 jjNo=M0eS 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 23 4. Particle size of stream substrate 0 1 3 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 1 3 7. Recent alluvial deposits 0 1 2 3 B. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1.5 _ _ _ 11. Second or greater order channel No = 0 Yes 3 a artificial ditches are not rated; see discussions in manual R Purfminnv f0rti4nfnl= I.S 1 12. Presence ofBaseflow 3 1 13. Iron oxidizing bacteria V 19. Rooted upland plants in streambed 3 3 14. Leaf litter jjNo=M0eS 20. Macrobenthos (note diversity and abundance) -' 0 15. Sediment on plants or debris 2 1.5 16. Organic debris lines or piles 1 2 17. Soil -based evidence of high water table? 0 0.5 3 r" MWr f0 kid ;nl - 1B. Fibrous roots in streambed 3 1 19. Rooted upland plants in streambed 3 2 1 i93 20. Macrobenthos (note diversity and abundance) -' 0 1 2 21. Aquatic Mollusks 0 1 2 22. Fish 0 0.5 1 1.5 23. Crayfish ^" 0 24. Amphibians 0 0.5 1 1.5 25. Algae 0 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWO Stream Identification Fnrm vnreinn d 11 Date: 3.3 - ZoIS Project/Site: S�' ' Latitude: Evaluator: County: - dohrS ih+n Longitude: Total Points: Stream is at least intermittent a�• Stream Deter circle one) Ephemeral Perennial Other if>19or erenniallf230' .� ntermitten e.g.4uadName: A. Geomorphology (Subtotal = 12. ) Absent Weak Moderate Strong 1"Continuity of channel bed and bank _0_1 3 2 3 2. Sinuosity of channel along thalweg 0 15. Sediment on plants or debris 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 02 r 1 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 2 3 B. Headcuts 0 1 2 3 9. Grade control 0 0.5 1.5 10. Natural valley 0 0.5 1.5 1?. Second or greater order channel No 0 Yes = 3 Sketch: ' artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = 8 ) 12. Presence of Baseflow 0 1 ® 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0 KU 1 1.5 17. Soil -based evidence of high water table? Ne = 0 Yes 3 1 C. Biology (Subtotal= 11 5 ) 16. Fibrous roots in streambed 3 1 0 19. Rooted upland plants in streambed 3 Zy 1 0 20. Macrobenthos (note diversity and abundance) - 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 :::0.J 1 1.5 26. Wetland plants in streambed - FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: Appendix C. Correspondence NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 10, 2015 EBX, Neuse I, LLC Tommy Cousins 909 Capability Dr. Suite 3100 Raleigh, NC 27606 Donald R. van der Vaart Secretary Subject: Buffer Determination NBRRO# 15-076 Johnston County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 21B .0233) Start@ ❑ Tar -Pamlico (15A NCAC 213.0259) ❑ Ephemeral/Intermittent/Perennial Determination USGS ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 213 .0267) To Project Name: Location/Directions Subject Stream: Selma Mill Mitigation Bank Property is located north of Selma, NC travelling north of HWY 96 the site is on the left side of the road beginning north of W. Chestnut Street. Mill Creek Determination Date: March 5, 2014 Staff: James Graham Feature Not Subject E/1/1P* Start@ Stop@ Soil USGS /Flag Subject To Survey Topo To Buffers Buffers A X P X B X P X X C X I *E/UP - EphemeraUlntennittent/Perennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked -Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still ma 13 VcZhCarolina Anhirn/hi V r—wY s"*&Z7 North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Internet: www.ncwaterguality.orq Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Selma Mill Mitigation Bank Johnston County March 10, 2015 Page 2 of 2 considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact James Graham at (919) 791-4256. i Respect Ily, Danny Smith, Su ervisor Water Quality Section Raleigh Regional Office cc: RRO/SWP File Copy Brad Breslow WK Dickson 720 Corporate Center Dr. Raleigh, NC 27607 G 48 Giavel �• ., `// , _ yr'� -`..fir ' Oil • f ` �..,, ,Y y_ . - 1 -. Gravel • .11J "c a ••moi V � ``-•_.. ° I � *,� tI i If 10 Ing .• • • 1. 10 1 • +. ` tion. �'` �� 11Q f _ -• • �� Selma Mill Site- W. i""'° -..'mow+.....• ,,.,' �• { •� �. • �' �\ I r • l+.....�...�.•.,� �'• dr •_�'j -; . � tr �`7„-' �Y�{ _!'�� ./ �`''ri�•:ii� y.�nv :"tt+► •••• • >L . ' - "?�r' aJ a; �.1. .�.,.4e, P •`� � ��' ate e O a ' ` <�-- � .. '� • •••ice • • y Disposal .,s ' .�'� � � ,,:�, �► Air - It 1 7W set faltv Pwk. .' - _ , . • �' ;„ •e �� \`f�Q soo �`..�--moi ~'�\`� -�° f* ••�• r ti0il . f i _ substa �$ a 4k t Source: Selma Quadrangle ..P:�� ,�. _ �` ✓ ,fie, r , Figure 2. am USGS Topographic Map Selma Mill Site Proposed Easement 0 1,000 2,000 4,000 Feet 1 inch = 2,000 feet Correspondence I&WK WDICKSON community infrastructure consultants February 16, 2015 Mr. Pete Benjamin US Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Subject: Project Scoping for Selma Mill Stream Mitigation Project in Johnston County. Dear Mr. Benjamin, The Selma Mill site has been identified by EBX to provide compensatory mitigation for unavoidable stream impacts through the EBX Neu -Con Umbrella Mitigation Bank. This site is currently active cattle pasture surrounding unnamed tributaries to Mill Creek. The stream channels have been straightened and channelized. THE US Fish and Wildlife Service (USFWS) database (http://www.fws.gov/endangered/) lists four endangered species for Johnston County, North Carolina: Red -cockaded woodpecker (Picoides borealis), Tar River spinymussel (Eliptio steinstansana), dwarf wedgemussel (Alasmidonta heterodon), and Michaux's sumac (Rhus michauxii). We have determined that no suitable habitat for the listed species' exists within the proposed project boundary. Please provide comments on any possible issues that might emerge with respect to endangered species, migratory birds, or other trust resources from the construction of a stream restoration project on the subject property. Maps showing the location and approximate limits of the conservation easement are enclosed. We thank you in advance for your timely response and cooperation. You may return the comment to my attention at the address below. Please feel free to contact me at dingram@wkdickson.com with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, W.K. Dickson & Co., Inc. Daniel Ingram Enclosures 720 Corporate Center Drive Raleigh, NC 27607 Tel. 919.782.0495 Fax 919.782.9672 www.wkdickson.com Transportation Water Resources Urban Development Geomatics United States Department of the Interior Daniel Ingram WK Dickson & Co., Inc. 720 Corporate Center Drive Raleigh, NC 27607 FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 March 20, 2015 Re: Selma Mill Stream Mitigation Project- Johnston County, NC Dear Mr. Ingram: This letter is to inform you that a list of all federally -protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http://www.fws.gov/raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally -protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concerns that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be Prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. I The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse. impacts to federal species of concern. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). 2 We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Emily Wells of this office at (919) 856-4520 ext. 25. Sincerely, 6 Pe Benjamin Field Supervisor List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones _Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender 4 Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson P V K WDICKSON community infrastructure consultants February 16, 2015 Allison Weakley North Carolina Natural Heritage Program 1601 Mail Service Center Raleigh NC 27699-1601 Subject: Environmental Review for Selma Mill Stream Mitigation Project in Johnston County. Dear Ms. Allison Weakley, The Selma Mill Site has been identified by EBX to provide compensatory mitigation for unavoidable stream and wetland impacts through the EBX Neu -Con Umbrella Mitigation Bank. This site is currently active cattle pasture surrounding unnamed tributaries to Mill Creek. The stream channels have been straightened and channelized. WK Dickson requests review and comment on any possible issues that might emerge with respect to endangered, threatened, significantly rare, or of special concern species associated with a potential stream mitigation project on the Selma Mill site (a vicinity and USGS site map with approximate limits of conservation easement is attached). A review of the Natural Heritage Program (NHP) website (http://portal.ncdenr.org/web/nhp/database-search; accessed February 16, 2015) and GIS dataset, were performed as part of the site due diligence evaluation. According to this website, there are 9 potentially occurring species located within the Selma USGS Quadrangles with a state status of endangered, threatened, significantly rare, or of special concern. No listed species or element of occurrences (EO) have been observed within the project area or noted during preliminary surveys of the site for restoration purposes. In addition, the majority of the site has historically been disturbed due to agricultural practices. We ask that you review and comment on any possible issues that might emerge with respect to natural heritage occurrences or other trust resources from the construction of a wetland restoration project on the subject property. We thank you in advance for your timely response and cooperation. You may return the comment to my attention at the address below. Please feel free to contact me at dingram@wkdickson.com with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, W.K. Dickson & Co., Inc. Daniel Ingram Enclosures 720 Corporate Center Drive Raleigh, NC 27607 Tel. 919.782.0495 Fax 919.782.9672 www.wkdickson.com Transportation Water Resources Urban Development Geomatics AP15% VLOt"A NCDENR North Carolina Department of Environment and Natural Resources Office of Land and Water Stewardship Pat McCrory Bryan Gossage Donald R. van der Vaart Governor Director Secretary March 23, 2015 Mr. Daniel Ingram W. K. Dickson and Company, Inc. 720 Corporate Center Drive Raleigh, North Carolina 27607 dingram@wkdickson.com RE: Selma Mill Stream Mitigation Project, Selma, Johnston County, North Carolina W.K. Dickson Project No. 20140056.00.RA Dear Mr. Ingram: Thank you for the opportunity to provide information from the North Carolina Natural Heritage Program (NCNHP) database for the proposed project referenced above. The NCNHP database does not show any records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project area as estimated from the maps submitted with your request for information. Within one mile of the proposed project area, the NCNHP database shows element occurrence records for the following rare species: *For status and accuracy definitions, please see the Rare Species Status Definitions and Element Occurrences documents at https://ncnhde.natureserve.org/content/help. The occurrence record for Coppery Emerald has very low accuracy due to the lack of site-specific locational information associated with the record, but this species has been documented in Johnston County. The locations of natural areas and conservation/managed areas nearby the project area may be viewed by accessing the Natural Heritage Data Explorer online map viewer, or by downloading and using Geographic Information System (GIS) data; both options are available from the NCNHP Data Services webpage (see www.ncnhp.org). Please note that although the NCNHP database may not show records for rare species within the proposed project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. Occurrences of rare species documented within one mile of the proposed project area increase the likelihood that these species may be present within the project area if suitable habitat exists. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 \ Internet: www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper ELEMENT OCCURRENCE STATE FEDERAL SCIENTIFIC NAME COMMON NAME STATUS ACCURACY STATUS STATUS Somatochlora georgiana Coppery Emerald Historical Very Low SR --- *For status and accuracy definitions, please see the Rare Species Status Definitions and Element Occurrences documents at https://ncnhde.natureserve.org/content/help. The occurrence record for Coppery Emerald has very low accuracy due to the lack of site-specific locational information associated with the record, but this species has been documented in Johnston County. The locations of natural areas and conservation/managed areas nearby the project area may be viewed by accessing the Natural Heritage Data Explorer online map viewer, or by downloading and using Geographic Information System (GIS) data; both options are available from the NCNHP Data Services webpage (see www.ncnhp.org). Please note that although the NCNHP database may not show records for rare species within the proposed project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. Occurrences of rare species documented within one mile of the proposed project area increase the likelihood that these species may be present within the project area if suitable habitat exists. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 \ Internet: www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper Selma Mill Stream Mitigation Project, Selma, Johnston County, North Carolina W.K. Dickson Project No. 20140056.00.RA March 23, 2015 Page 2 species are found during field surveys, the NCNHP would appreciate receiving this information so that we may update our database. Thank you for your interest in information available from the NCNHP database. Please feel free to contact me at 919-707-8629 or Allison.Weaklev@ncdenr.gov if you have questions or need additional information. Sincerely, Allison Schwarz Weakley, Conservation Planner NC Natural Heritage Program I&WK WDICKSON community infrastructure consultants February 16, 2015 Vann Stancil Habitat Conservation Biologist North Carolina Wildlife Resources Commission 215 Jerusalem Church Road Kenly, NC 27542 Subject: Project Scoping for Selma Mill Stream Mitigation Project in Johnston County. Dear Mr. StanciI, The purpose of this letter is to request review and comment on any possible issues that might emerge with respect to fish and wildlife associated with a potential stream restoration project on the attached site (USGS site maps with approximate property lines and areas of potential ground disturbance are enclosed). The Selma Mill site has been identified by EBX to provide compensatory mitigation for unavoidable stream impacts through the EBX Neu -Con Umbrella Mitigation Bank. This site is currently active cattle pastures surrounding unnamed tributaries to Mill Creek. The stream channels have been straightened and channelized. We thank you in advance for your timely response and cooperation. You may return the comment to my attention at the address below. Please feel free to contact me at dingram@wkdickson.com with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, W.K. Dickson & Co., Inc. Daniel Ingram Enclosures 720 Corporate Center Drive Raleigh, NC 27607 Tel. 919.782.0495 Fax 919.782.9672 www.wkdickson.com Transportation Water Resources Urban Development Geomatics W'�WK QICKSON community infrastructure consultants February 16, 2015 Renee Gledhill -Earley North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh NC 27699-4617 Subject: Environmental Review for Selma Mill Stream Mitigation Project in Johnston County. Dear Ms. Gledhill -Earley, The Selma Mill Site has been identified by EBX to provide compensatory mitigation for unavoidable stream and wetland impacts through the EBX Neu -Con Umbrella Mitigation Bank. This site is currently active cattle pasture surrounding unnamed tributaries to Mill Creek. The stream channels have been straightened and channelized. WK Dickson requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential stream restoration project on the Selma Mill site (a vicinity and USGS site map with approximate limits of conservation easement are attached). A review of the N.C. State Historic Preservation Office (SHPO) HPOWEB GIS Service database (http://gis.ncdcr.gov/hpoweb/; accessed February 12, 2015) was performed as part of the site due diligence evaluation. According to this website, there are National Registered listings within a one - mile radius of the proposed project area. The proposed project is located just outside the West Selma Historic District (JT1514) which contains several national listed and study listed sites. The proposed project will not have any adverse effects to historical structures or viewsheds. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. In addition, the majority of the site has historically been disturbed due to agricultural practices and channel modifications. We ask that you review this site based on the attached information to determine the presence of any historic properties. We thank you in advance for your timely response and cooperation. You may return the comment to my attention at the address below. Please feel free to contact me at dingram@wkdickson.com with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, W.K. Dickson & Co., Inc. Daniel Ingram Enclosures 720 Corporate Center Drive Raleigh, NC 27607 Tel. 919.782.0495 Fax 919.782.9672 www.wkdickson.com Transportation Water Resources Urban Development Geomatics An& ���� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 7, 2015 Daniel Ingram EBX Neuse I, LLC (RES) 909 Capability Drive, Suite 3100 Raleigh, NC 27606 (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Mill Creek Selma Mill - Intersection of W. Chestnut Street and NC 96 Hwy N/N. Sumner St, in Selma, NC Johnston County Dear Daniel, On March 2, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a request from EBX Neuse I, LLC (EBX) a subsidiary for Restoration Environmental Solutions, LLC (RES) for a site visit near the above -referenced site to determine the potential for nutrient offset and Neuse riparian buffer mitigation. On March 5, 2015, Ms. Merritt performed a site viability assessment of the subject site, which is more accurately shown in the attached aerial map. If approved, mitigating this property could provide riparian buffer credits and/or nutrient offset credits within the 8 -digit Hydrologic Unit Code 03020201 of the Neuse River Basin. Additionally, this site is also being proposed as a stream mitigation project. Ms. Merritt's evaluation of the property for buffer and nutrient offset mitigation viability is shown below: Reach A & Reach B • Streams onsite are both perennial and subject to the Neuse buffer rule as provided in the Buffer Determination Letter dated March 10, 2015 by the Raleigh Regional Office. • The existing land uses within the Neuse buffers (0 -50') were determined to be active pasture for livestock and primarily absent of trees. Therefore, the Neuse buffers along Reach A and Reach B are viable for buffer restoration and suitable for either buffer mitigation credit or nutrient offset credit. • The existing land uses of the riparian area located outside of the Neuse buffers (51-200') were determined to be active pasture for livestock and primarily absent of trees. Therefore, these areas are viable for riparian restoration and suitable for either buffer mitigation credit or nutrient offset credit. • Fencing around the mitigation area will be required. Division of Water Resources - 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6494 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper Reach C Stream onsite is intermittent but NOT subject to the Neuse buffer rule as provided in the Buffer Determination Letter dated March 10, 2015 by the Raleigh Regional Office. The existing land use within the riparian area adjacent to Reach C (0 -200') was determined to be active pasture for livestock and primarily absent of trees. Therefore, the riparian area along Reach C is viable for riparian restoration and suitable for either buffer mitigation credit or nutrient offset credit. • Fencing around the mitigation area will be required. A map showing the project site is provided and signed by Ms. Merritt on April 6, 2015. For any areas depicted as not being viable for nutrient offset credit above, EBX (RES) 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 according to 15A NCAC 02B.0240. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Unit KAH/km Attachments: Site Aerial Map cc:File Copy (Katie Merritt) Figure 7a ~ Conceptual Design Plan Selma Mill Site �WK 0 150 300 600 WDIKSO' Feet comm�mr mnanmcm. cowuncon 1 inch = 300 feet Appendix D. Conservation Easement and Plat Note: This appendix will be updated as the easement deeds and plats become available. Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 02/29/2016 02:05:05 PM DEED BOOK: 4725 PAGE: 855-872 INSTRUMENT #2016481177 Real Estate Excise Tax: $619.00 Deputy/Assistant Register of Deeds: Jennifer Racine Excise Tax: $619.00 Prepared by and return to: Jason W. Wenzel, P.O. Box 1567, Smithfield, NC 27577 STATE OF NORTH CAROLINA PERMANENT CONSERVATION EASEMENT COUNTY OF JOHNSTON THIS CONSERVATION EASEMENT ("Conservation Easement") made this 29`' day of February, 2016, by and among PAUL H. HOWARD, Jr., and wife, DEBBIE EDWARDS HOWARD, being on and the same as DEBRA J. HOWARD [Paul H. Howard, Jr. being the life tenant], and LAURA HOWARD WICKLINE, and husband, BRYON R. WICKLINE, and WILLIAM PAUL HOWARD, and wife, GABRIELLE N. HOWARD [Lava Howard Wickline and William Paul Howard being the remainder persons](collectively, as "Grantor") and THE NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., a North Carolina non-profit corporation with a principal office location of 300 North Greens Street, Greensboro, NC 27429(" Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Johnston County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property"); WHEREAS, Grantee is a nonprofit corporation whose purpose is the conservation of property and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state. The purpose of this Conservation Easement is to IN0050338.DOCX; 3} DEED R 4725 P: 856 .maintain streams, wetland and/or riparian resources and other natural values of the Property, consisting of approximately 33.076 acres, more or less, and being more particularly described in Exhibit B, such exhibit being attached hereto and incorporated fully herein by reference (the "Conservation Easement Property"), and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Conservation Easement Property in accordance with this Conservation Easement. WHEREAS, the creation, restoration, and preservation of the Conservation Easement Property is a condition of the approval of the inclusion of the Conservation Easement Property in the "Selma Mill Buffer and Nutrient Offset Site Bank Parcel Development Package" (BPDP) for the Selma Mill Buffer & Nutrient Offset Mitigation Bank. The BPDP for the Selma Mill Buffer & Nutrient Offset Mitigation Bank, Division of Water Resources Project ID# 2015-0653, was submitted on June 30, 2015to the North Carolina Department of Environmental Quality- Division of Water Resources (DWR)and is pending approval by the DWR,. The approval of the BPDP will grant EBX-Neuse I, LLC (EBX) the approval to use all or part of, whichever is applicable, the Selma Mill Buffer and Nutrient Offset Mitigation Bank for buffer mitigation and/or nutrient offset. WHEREAS, the preservation of the Conservation Easement Property is also required by the EBX Selma Mill Buffer & Nutrient Offset Mitigation Bank's Mitigation Banking Instrument (MBI), Division of Water Resources (DWR) Project ID# 2015-0653, which was submitted to the DWR for approval on June 30, 2015, and will be made and entered into by and between EBX-Neuse I, LLC (EBX), acting as the Bank Sponsor, and the DWR when approved. The Selma Mill Buffer & Nutrient Offset Mitigation Bank is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, the preservation of the Conservation Easement Property is also required by a Mitigation Banking Instrument (MBI) for the Neu -Con Umbrella Mitigation Bank, Department of the Army Action ID 199910477, entitled "Selma Mill Stream Mitigation Site, Johnston County, North Carolina, Mitigation Plan" for EBX-Neuse I, LLC, Army Action ID# 2015-00710, (Selma Mill Stream Mitigation Site). Approval for the Selma Mill Stream Mitigation Site was issued by the Wilmington District Corps of Engineers. The Selma Mill Stream Mitigation Site is to be used to compensate for unavoidable stream impacts authorized by permits issued by the Department of the Army and this Conservation Easement and shall therefore be enforced by the U.S. Army Corps of Engineers ("USACOE") and any successor agency. The rights of the USACOE are in addition to, and do not limit the rights of the parties to the two MBI documents referenced above, collectively known as Third -Parties. Grantor and Grantee agree that third -party rights of enforcement shall be held by the USACOE regarding the Clean Water Act Section 404 jurisdictional areas and by DWR for both Section 404 jurisdictional areas and all other areas within the Conservation Easement Property. For a graphic representation, see that certain plat entitled, "Conservation Easement Survey for EBX- Neuse I, LLC of the Selma Mills Site," dated July 27, 2015, and recorded in Plat Book 82, pages 319 through 331, Johnston County Registry. (N0050338.DOCX; 3) 2 DEED R 4725 P: 857 NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Property inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Property shall be restored, enhanced, and preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Conservation Easement Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Property. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes on or over the Conservation Easement Property are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Conservation Easement Property. F. Roads and Trails. There shall be neither construction of roads, trails or walkways on IN0050338.DOCX; 2} DEED R 4725 P: 858 the Conservation Easement Property, nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Property, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Property, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Property and/or signs identifying the Grantor as owner of the Conservation Easement Property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Property is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the Conservation Easement Property by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited on the Conservation Easement Property, other than for temporary or occasional access by the Grantee, its employees and agents, successors, assigns, DWR, and USACOE for purposes of conducting the creation, restoration, and maintenance activities within the Conservation Easement. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Property which is or may become inconsistent with the purposes of this grant, the presmation of the Conservation Easement Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Property for all {N0050338.DOCX; 2} 4 DEED B: 4725 P: 859 purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Property, the right to sell, transfer, gift or otherwise convey the Conservation Easement Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. ARTICLE IV GRANTEE'S RIGHTS A. Ingress, Eeress, and Regess: The Grantee, its employees and agents, successors, assigns, and Third -Parties shall have a perpetual right to enter the Property at reasonable times to undertake any activities to restore, manage, maintain, enhance and monitor the stream, wetland and riparian resources of the Conservation Easement Property in accordance with restoration activities or a long-term management plan. Unless otherwise specified in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Right to Inspect, Observe and Study: The Grantee or its authorized representatives, successors, assigns, the Corps, and Third -Parties shall have the right to enter the Conservation Easement Property over the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement, The Grantee shall also have the right to enter and go upon the Conservation Easement Property over the Property for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantee, its successors and assigns, and/or Grantor the right to construct stream, buffer and nutrient offset mitigation on the Conservation Easement Property in accordance with the final Mitigation Plan and BPDP in the two MBI documents referenced in the Recitals. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee or Third -Parties are allowed to prevent any activity on or use of the Conservation Easement Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Conservation Easement Property that may be damaged by such activity or use. Upon any breach of the ten -ns of this Conservation Easement by Grantor, its agents, successors, or assigns that comes to the attention of the Grantee, the Grantee or Third -Parties shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains gN0050338DOCx; 21 5 DEED R 4725 P: 860 uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. DWR and USACOE shall have the same rights and privileges as the said Grantee to enforce the terms and agreements of this Conservation Easement. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Property resulting from causes beyond the Grantor's control, including, without limitation; fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Property resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement, with the exception of those Exceptions listed on Schedule B — Section II of Commitment No. 15S-9422 issued by Commonwealth Land Title Insurance Company ("Title Commitment"). Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement subject to the Exceptions listed in the Title Commitment, and that Grantor has the right to convey the permanent Conservation Easement and will warrant and defend title to the same against the claims of all persons subject to those Exceptions listed in the Title Commitment. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the {N0050338.DOCx; 2} 6 DEED B: 4725 P: 861 Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Third -Parties. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. _Entire Agreement and Severability. The combined instruments: NVI131 with corresponding Mitigation Plan, and UMBI with corresponding BPDP, and this Conservation Easement set forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor except those incurred after the date hereof and which are expressly subject and subordinate to the Conservation Easement. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this (NO050338.DOCx; 2f 7 DEED B: 4725 P: 862 grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid; to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Paul H. Howard, Jr. 221 West Woodlawn Drive Smithfield, NC 27577 Laura Howard Wickline 209 N Massey Street Selma, NC 27576 William Paul Howard 11209 Cleveland Avenue Kansas City, MO 64137 To Grantee: North Carolina Wildlife Habitat Foundation 300 North Greene Street Greensboro, NC 27429 To the Corns: U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 To DVWR: Department of Environmental Quality — NC Division of Water Resources 401 Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become {N0050338 -DOCK 2) DEED R 4725 P: 863 vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. Prior to any action taken to void, amend, modify or in any way change the provisions of this Conservation Easement, there shall be a sixty (60) day written notice given to all parties, including the USACOE. TO HAVE AND TO HOLD the said'rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SEPARATE SIGNATURE PAGES TO FOLLOW {N0050338.DOCX; 2) 9 DEED B: 4725 P: 864 "- sp�i iW11 ,s �_ • ' ' ' DEBBIE EDWARDS HOWARD, being on and the same as DEBRA J. HOWARD STATE OF NORTH CAROLINA COUNTY OF :pkn5imn I, zi 5.1 oc, a Notary Public, in and for said County and State do certify that PAUL H. HOWARD, JR., a person known to me or whose identity was proven by satisfactory evidence, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notal My Commission expires: 10 • 14 STATE OF NORTH CAROLINA COUNTY OF ` pknshn day of February;lk +CP; .., s O V, G 2 (?!q Cy -,e , a Notary Public, in and for said County and State do certify that DEBBIE EDWARDS HOWARD, being on and the same as DEBRA J. HOWARD, a person known to me or whose identity was proven by satisfactory evidence, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. SGA CR Witness my hand and notarial seal amp, this day of February;OTA�p� Notary Abzli a'O v My Commission expires: (p . 14490'' , L y .d 8 LNG ' = Nc o!a",.., {N0050338.DOCX; 21 10 DEED R 4725 P: 865 GRANTOR: LAURA JiOWARD seal) I, IAAn on&f p nG , a Notary Public, in and for said County and State do certify that LAURA HOWARD WICKLINE, a person known to me or whose identity was proven by satisfactory evidence, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal/stamp, this ra day of (kCembf-r , 2015. A G JN . 4 '�° otary Public Q My Commission expires: -(p . (G Z ? Ou ~ o za o STATE OF a 1dd�v yo�� COUNTY OF 1,mart Ot1 A `j oLLnG , a Notary Public, in and for said County and State do certify that BRYON R. WICKLINE, a person known to me or whose identity was proven by satisfactory evidence, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal/stamp, this V day of Dacm fx r 2015. My Commission expires: q.(.,. tC4 DEED B: 4725 P: 866 STATE OF SSCX ^---- COUNTY OF c a Notary Public, in and for said County and State do certify that WILLIAM PAUL WARD, a person known to me or whose identity was proven by satisfactory evidence, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seaUstamp, this SI day of 2015. 11, L�4�N-h—ot4gY PUS.• JENNIFER 8RIGLIA 0 ry P u tc _ ?:NOTARY Mr Carmis M DO= r� "' J* 20, 2019 My Commissi 11 expires: r',l}1, - = Caw C=u Chan 115109331 STATE OF 2 COUNTY OF _ 1, + G , a Notary Public, in and for said County and State do certify that GABRIELL . HOWARD, a person known to me or whose identity was proven by satisfactory evidence, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 51 Witness my hand and notarial sealIstamp, this Flay of Uc-e ' , Ql- $2015. My Commission expires:,�J,% 12 It o�g4Y ?(i kNMFER BRIGLIA _:NMARY My C«rvn =; PEAL.. ' _ J' 20, 2019 Cm cam� C=MWM 1151=1 DEED R 4725 P: 867 ' ` ffiff. IN TESTIMONY WHEREOF, NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC. has caused this instrument to be executed in its name by David Murphy, II, Treasurer of the corporation, in evidence of its consent and agreement to the instrument set forth above. NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC. By: (SEAL) David Murphy, r STATE OF NORTH CAROLINA COUNTY OF I, /J. , a Notary Public, in and for said County and State, do hereby certify that ihavid Murpl , 11, personally came before me this day and acknowledged that he is Treasurer of a North Carolina Wildlife Habitat Foundation, Inc., Grantee, a North Carolina non-profit corporation, and being authorized to do so, executed the foregoing on behalf of the corporation as its act and deed. Witness my hand and notarial seal/stamp, thisday of 20`Il., r FF~ M U Notary Pu lic - d O o My Commission expires: 1 [Signature Page to Howard Easement] (N0050338.DOCX; 1) 13 DEED R 4725 P: 868 110.1110 "Property" TRACT ONE: PIN -14011001 Parcel One: Beginning at a stake in Mill Swamp, Dr. J. B. Person's corner, runs as his line South 84 degrees East 2613 feet to a stake, his corner; thence as his line South 7 degrees West 826 feet to a ditch, his corner; thence as his line and Edgar Stancill's North 84 degrees 30 minutes West 2225 feet to a gum -stump; thence as the Hood line South 77 degrees 50 minutes West 457 feet to an iron stake; thence as line of the Town of Selma lands North 8 degrees East 446 feet to an iron stake; thence as the line of L. D. Pittman North 44 degrees West 121 feet North 18 degrees East 462 feet to the beginning, containing fifty and fifty nine -one -hundredths (50.59) acres, more or less, according to a survey made by C. B. Fulghum in November, 1935. For chain of title, see Book 351, page 52, Johnston County Registry. Parcel Two: BEGINNING at a pine stump, Dave Wallace's corner, and runs with said line North .30 poles to a pine stump; thence West 39 2110 poles to center of ditch, Hood's line; thence with Hood's line South 30 poles to a stake, R. E. Barden's corner; thence with said Barden line South 89 East 38 4/10 poles to the beginning, containing 7 3/8 acres. For chain of title, see Book 402, page 567, Johnston County Registry. Parcel Three: Beginning at a stake in the old S H Hood line on the dividing ditch and runs with the said Hood line West 11.37 chains to a stake, his corner in the Mitchener line; thence his line South 29.35 chains to a stake, his corner; thence East 11.37 chains to a stake on the ditch; thence North, the dividing line with Waddell, 28 feet to a stake at the point where the new ditch cut by the Town of Selma to drain said town branches off on the West side of said dividing line and ditch; thence with the said new ditch cut by the Town of Selma, as aforesaid, 324 feet to a bend in said ditch; thence with said ditch 112 feet to a bend; thence with said ditch 200 feet to a bend; thence with said ditch 80 feet to a bend; thence with said ditch 326 feet to where said ditch makes the first turn to left and where a poplar is standing on left of west bank of said ditch and marked as a pointer; thence easterly 28 feet to the center of ditch referred to above as the dividing line and the back of Levi Creech; thence Northerly with the said dividing line, the Creech, Batten, Whitley, Driver and others line to the point of beginning, containing 17 acres, more or less; and being the same lot, parcel or tract of land conveyed to Mrs. Maggie P. Hood by W. B. Driver and wife, Carrie Hood Driver. See Book J-9, at page 85, office of the Register of Deeds for Johnston County, except 2 acres, moreor less, conveyed to Myrtle Aycock by Sam H. Hood, Frank M. Hood and Ruth Hood grandchildren of the said Maggie P. Hood. For chain of title, see Book 411, page 623, Johnston County Registry. Parcel Four: Beginning at a stake at the corner formed by the intersection of the Southwest line or corner of J. W. Brown's tract with the southeast line or corner of the Stancil Tract of Paul H. and Wilma P. Howard, and runs thence South 84 degrees 30 minutes East 1442 feet to a stake in the center of US Highway No. 301; thence with the center of said Highway South 39 degrees West 1010 feet to a stake, R. Oneal's corner; thence North 63 degrees West 332 feet to a stake; thence South 51 degrees West 180 feet to a stake, said Oneal's and Mrs. F. L. {N0050338.DOCX; 2} 14 DEED B: 4725 P: 869 Griswold's corner; thence said Griswold line North 56 degrees 30 minutes West 689 feet to a stake, fork of a ditch thence North 5 degrees 15 minutes East 237 feet to a stake; thence North 87 degrees West 205 feet to a stake in the Selma -Wendell Road; thence with said Road North 1 degree 15 minutes East 292 feet to a stake, Paul H. and Wilma P. Howard's line; thence South 84 degrees 39 minutes East with the Stancil line, to the beginning, containing Twenty Four (24) acres, more or less, according to survey and plat made by C. B. Fulghum, Register Surveyor in January 1941, and being that portion of the 42 7/8 acres tract known as the R. V. Rose lands, conveyed to R. E. Rose by J. H. Rose and wife, Lillie C. Rose by deed dated November 25, 1933 and recorded in Book 249, page 639, Lying on the West side of US Highway No. 301. For chain of title see Book 425, page 356, Johnston County Registry. For the above referenced Parcels, also see Book 1236, page 789 and Book 1236, page 791, Johnston County Registry and the Estate of Paul Howard in 02 E 511 and Estate of Wilma P. Howard in 04 E 585,. Johnston County Clerk of the Superior Court. TRACT TWO: PIN-14MI005B BEGINNING at a stake in J. R. Stancill's corner in the Big Ditch, and runs South 87 East 17 7/10 poles to a stake in the Selma Road; thence down the Selma Road South 2 West 270 feet to a stake at the corner of Lot No. 3 and Bettie Batten's corner; thence North 59 West 140.5 feet to a stake in the Big Ditch; thence down the Big Ditch North 20 East 14 poles to the point of beginning, and containing two (2) acres, more or less. For chain of title see Book 488, page 26, Johnston County Registry. For the above referenced Tract, also see Book 1236, page 789 and Book 1236, page 791, Johnston County Registry and the Estate of Paul Howard in 02 E 511 and Estate of Wilma P. Howard in 04 E 585, Johnston County Clerk of the Superior Court. TRACT THREE: PIN -14011001C BEGINS at a ditch bridge and runs in a northerly direction with the road to corner of Lot No. 3, Polly H. Creech's corner; thence with her line westwardly to the ditch, Floyd Griswold's line; thence up said ditch southeastwardly to the center of the road, to the beginning, the same being Lot No. 4, containing one-fourth (1/4) acre, more or less. For chain of title see Book 459, page 11, Johnston County Registry. M111M wo -gill 11: a91I► [IiM1111101 BEGINNING at a ditch across the Selma Road, Ira Batten's corner and runs with Batten's line North 59 degrees West 24 poles to center of canal; thence with said canal South 6 '/z West 7 poles to a stake; thence South 22 %2 East 23 poles to a stake in center of Selma Road; thence with said road West 20 %2 East 6 poles and 2 links to the beginning, containing one (1) acre more or less and being the same land conveyed to Romie Daughtry et uY, by deed which is recorded in Book 456, page 194, Registry of Johnston County. For chain of title, see Lot No I in Book 595, page 433, Johnston County Registry. (N0050338.DOCX; 2) 15 DEED R 4725 P: 870 TRACT FIVE: PIN -14011013 BEGINNING at a stake in the Selma -Louisburg Road, Romie Daughtry's corner, and runs thence with said road South 25 degrees 00 minute West 48.8 feet to a stake, Sarah F. Rose's corner; thence with the said Rose line North 60 degrees 45 minutes West 379 feet to a stake in a ditch, Myrtle Aycock's line; thence with the said Aycock line along said ditch North 3 degrees 00 minute East 54 feet to an iron stake, Romie Daughtry's corner; thence with said Daughtry's line South 60 degrees 45 minutes East 384 feet to the point of beginning containing 361100 of an acre more or less, as surveyed by C. B. Fulghum, Surveyor, and being a part of the lot sold to the said Sarah F. Rose by Floyd D. Griswold et ux, as will appear of record in the office of the Register of Deed for Johnston County. For title information see Lot No. 2 in Book 595, page 433, Johnston County Registry. TRACT SIX: PIN -14911914 Lying on the Selma Road to Louisburg and runs North 22 degrees East 14 415 poles; thence North 61 degrees West 23 415 poles to a ditch; thence South 1 degree West 16 415 poles; thence South 65 degrees East 16 1/10 poles to Louisburg Road; containing one and eighty one - hundredths (1 801100) acres, more or less. There is excepted from the above described property a certain lot containing .36 of an acre, more or less, as surveyed by C. B. Fulghum, Surveyor; which lot was sold by Sarah F. Rose to Romie and Malissie Daughtry, by deed dated March 11, 1946, and recorded in Book 444, page 158, of the.Registry of Johnston County. For chain of title information see Book 481, page 103, Johnston County Registry. TRACT SEVEN: PIN-14MI005A Beginning at a stake in the Griswold line 28 feet from the corner of Maggie Hood and the Graves Heirs and runs Northerly with the ditch (formerly the town ditch) 992 feet to a stake in Romie Daughtry's line; thence westerly 28 feet to the center of Selma drainage ditch, poplar marked;. thence up said ditch with its various courses to the point of beginning, containing two acres more or less and being a part of the Maggie Hood Tract of land. For chain of title see Book 444, page 216, Johnston County Registry. TRACT EIGHT: PIN -14011028 BEGINNING at a point in the center line of Highway No. 96, said point being 487 feet South 25 degrees 00 minute West from the southeast corner of the Rose property (now Paul Howard) and the line runs South 25 degrees 00 minute West with the center of said highway and continues into the right of way as the road curves 218.0 feet to a point in the right of way of Highway No. 96, thence North 58 degrees 00 minute West 25 feet to a point in the center of an old ditch; thence with the center of said ditch North 5 degrees 30 minutes East 227 feet to a stake, a new corner of Ernest F. Griswold, thence with a new line of Ernest F. Griswold South 65 degrees 00 minute East 98.5 feet to the point of BEGINNING in the center of Highway No. 96, containing 371100 of an acre, and being Lot No. 1-D according to a survey and map made by Boyd L. Shook R. S. June 2, 1964, and being a small portion of Lot No. 1-A allotted to Ernest F. Griswold in the division of the F. L. Griswold property, as shown on map and survey made by H. {N0050338.DOCX; 2) 16 DEED R 4725 P: 871 A. Herring, Registered Surveyor, April 20-21, 1948. For chain of title, see Book 634, page 465, Johnston County Registry. TRACT NINE: PIN -14M10021 BEGINNING at a stake in the edge of the right of way of Highway 96, Paul Howard's corner, and runs with said right of way South 25 degrees West 100 feet to a stake, Ernest F. Griswold's corner; thence with the Griswold line North 69 degrees West 210 feet to a stake and ditch; thence with said ditch North 5 degrees 30 minutes East 103 feet to a stake and another ditch; thence South 69 degrees East and along said ditch 238 feet to the point of beginning, and being a portion of Lot No. 1 allotted to Ernest F. Griswold in the division of the F. L. Griswold property, and according to a survey and map made by C. B. Fulghum, Registered Surveyor. For chain of title, see Book 513, page 599, Johnston County Registry. {N0050338.DOCX; 2) 17 DEED R 4725 P: 872 END OF DOCUMENT 100:116,30919 TO PERMANENT CONSERVATION EASEMENT by and among PAUL H. HOWARD, Jr., and wife, DEBBIE EDWARDS HOWARD, being on and the same as DEBRA J. HOWARD [Paul H. Howard, Jr. being the life tenant], and LAURA HOWARD WICKLINE, and husband, BRYON R WICKLINE, and WILLIAM PAUL HOWARD, and wife, GABRIELLE N. HOWARD [Laura Howard Wickline and William Paul Howard being the remainder persons] (collective ly, as "Grantor) and THE NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., a North Carolina non-profit corporation ("Grantee's, dated the 29th day of February 2016. "Conservation Easement Property" Being all of that 30.775 acres, more or less, as shown in a plat entitled "Conservation Easement Survey for EBX-NEUSE I, LLC. OF TT -IE SELMA MILLS SITE," dated July 27, 2015, as drawn by Matrix East, PLLC, Professional Land Surveyors, and recorded in Plat Book 82, pages 319-331, Johnston County Registry. Specifically, the 30.775 acres, more or less, is shown in Sheets 2 through 12 of Plat Book 82, pages 320 through 330, Johnston County Registry. By way of clarification, per the Index to Sheets appearing of record in Plat Book 82, page 319, the total acreage for the entire Selma Mills Conservation Easement project is 34.230 acres, more or less, however 3.455 acres of that total amount (as shown on Sheet 13 of 13) is owned by EBX- Neuse 1, LLC and will be subject to a separate Conservation Easement. (34.230 — 3.455 = 30.775]. {N0050338.DOCX; 3} 18 hva snand .Ov LSHU �1 7 v N _ -co ll in � m _ K R rnf- 5-0: � � a III II��L�co�iQ siSgaB�y. 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