SW1230801_Recorded Document_20230920

BK 4042 PG 390 - 400 (11) . DOC# 1000997601
This Document eRecorded: 05/11/2023 01 :22:29 PM
Fee: $26.00
Henderson County, North Carolina
William Lee King, Register of Deeds
Prepared by Property: 115419
& Return to: Christopher G.King, Senior Counsel,Duke Energy Land Unit: 1737439
526 S. Church Street,ECII-05 Project: 115419-861399
Charlotte,NC 282025
STATE OF NORTH CAROLINA DECLARATIONS FOR
OPERATION AND MAINTENANCE
COUNTY OF HENDERSON OF STORMWATER MANAGEMENT FACILITIES
THESE DECLARATIONS FOR OPERATION AND MAINTENANSf OF
STORMWATER MANAGEMENT FACILITIES (this "Declaration") is made this day of
AI ,2023,between the STATE OF NORTH CAROLINA'S DIVISION OF ENERGY,
MINE AND LAND RESOURCES (the"Division")and DUKE ENERGY CAROLINAS,
LLC, North Carolina limited liability company ("Duke Energy"), and all parties hereafter
acquiring any of the described property.
• Duke Energy is the fee simple owner of that tract of real property located in Henderson,
North Carolina, shown as Tax Parcel 9642188519 on Exhibit A, attached hereto and
incorporated herein by reference (the "Property").
• To comply with Title 15 NCAC 2H.1000 and S.L. 2006-246 (the "Stormwater
Management Regulations"), Duke Energy desires to declare certain rights and restrictions
on the Property to ensure that future development and redevelopment of the Property
maintains the Property consistent with applicable stormwater management requirements.
NOW,THEREFORE,Duke Energy does hereby declare that all of the Property shall be held,sold,
and conveyed subject to the following restrictions, which shall run with the Property and be
binding on all parties having any right, title or interest in the Property, or any part thereof, their
heirs, successors and assigns, for the term of these covenants as set forth below, and shall inure to
the benefit of each holder thereof.
1. PURPOSE: According to the Stormwater Management Regulations, deed restrictions
and protective covenants are necessary to ensure that development maintains a "built-
upon" area consistent with the applicable regulation governing the density level. As
submitted electronically by "Duke Energy"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Henderson County Register of Deeds.

BK 4042 PG 390 - 400 (11) DOC# 1000997601
such,Duke Energy is encumbering the Property as set forth in this Declaration to ensure
ongoing compliance with State Stormwater Management Permit Number SWA000083,
as issued by the Division under the Stormwater Management Regulations.
2. STORMWATER PLAN: There is an approved stormwater management plan for the
Property shown on Exhibit A (the "Plan"). Duke Energy agrees to comply with the
provisions of the Plan. Duke Energy hereby creates that Permanent Storm Drainage
Easement shown on the Plan. The Permanent Storm Drainage Easement encumbers
0.652 acres of the Property and shall be maintained by Duke Energy.
3. OPERATION AND MAINTENANCE MANUAL: There is an approved operation
and maintenance manual for the on-site stormwater system attached as Exhibit B and
incorporated herein by reference.
4. FUTURE ACTIVITY: Any activity not already approved in the Plan, including
without limitation any change in use of the Property, any development or
redevelopment of the Property, or any increase in the built-upon area beyond 103,634
square feet, shall require an amendment to the Plan consistent with the Stormwater
Management Regulations applicable to such new activity, and the issuance of a new
stormwater permit prior to undertaking such new activity. Additionally:
a. Filling in or piping of any vegetative conveyances(ditches, swales,etc.)associated
with the development except for average driveway crossings and substation
conveyance systems as regulated by EPA 40 CFR Part 112 — Oil Pollution
Prevention and perpetually filed Spill Prevention, Control, and Countermeasure
(SPCC) Plan for the above site, is strictly prohibited by any persons.
b. Each lot will maintain a 30-foot-wide vegetated buffer between all impervious areas
and surface waters.
c. All roof drains shall terminate at least thirty (30) feet from the mean high-water
mark of surface waters.
d. If the Property is subdivided, each lot whose ownership is not retained by the
permittee shall submit a separate stormwater permit application to the Division and
receive a permit prior to construction. The application shall demonstrate
compliance with the maximum built-upon area limit and the low-density
requirements set forth in the then-applicable Stormwater Management Regulations.
Lots whose ownership is retained by the permittee shall be submitted as
modifications to the original permit.
5. ACCESS: Duke Energy hereby gives to the Division permission to access the portions
of the Property outside of Duke Energy's fenced substation at reasonable times for
inspection by the Division or its agents or representatives engaged by the Division to
inspect the stormwater improvements.
6. DEFAULT: If a written order directing the correction, repair, replacement, or
maintenance of the facilities shown on the Plan,or any portion thereof,to comply with
the Plan is not complied with by Duke Energy within a reasonable time period specified

BK 4042 PG 390 - 400 (11) DOC# 1000997601
nt the }•®#v,; f ♦ thelF."•.`a,Q l.@ e'.. e'}6,R•} R's., a !„.7. so Eximt • ;.
the Plot The Di i*R ,r}• with ,.,,,.,� e•", c.' ;�$
ofems;R' Bch„ . } �.-w e' - a l' a..!..f- andc R•.
be col,>-,., as R } in N.C. Gen. Std. § 153A-140. ' 1 be , } • ,► five
I5) business days prim. to entry std . • a of _ wink by dw. I
•- shall be in writing l be &livered t0 Duke } . '+ by hand deliverr
certifwd mail,return receipt requester:or by any means allowed by Rule 4 of `,
Carolina Rules of Civil Phroccderes
7. BINDING AGREEMENT: The .,,s► set , shall rune with the Wiwi and
shall be binding upon Duke - +.+ i r.,, ': , and 1116Si 4 and
whomsoever with • -° in fRestainde } •
r i.a - ;i ?'

BK 4042 PG 390 - 400 (11) DOC# 1000997601
IN TESTIMONY WHEREOF, Duke Energy, or a duly authorized agent thereof, has caused this
instrument to be executed as of the day and year first above written.
DUKE ENERGY CAROLINAS,LLC
By:
Name: artha Purser
Title: Manager, Land Services II
I, 77m,1 Y' Mt 14;: a Notary Public for CAW**, au.,4, li -do hereby certify
that Martha Purser, as the Manager, Land Services II, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of DUKE ENERGY
CAROLINAS, LLC. Witness my hand an o ' seal, this the 0-day of MAb , 2023.
Zti A"-a-
„so Printed Name: ) a 4e+ f S4V9�✓� tf�:c
NOTARY m=_
�9 PUBLIO ? My commission expires: O Z/2/)202.(0
Pit049 Ott(

BK 4042 PG 390 - 400 (11) DOC# 1000997601
-- G o : -f1tte)41 atiICliiici1i 1ir4:1 .i - ani ,
Project Name: Ferncliff Retail -New Substation
Project Location: 684 Broadpointe Dr. Mills River, NC 28759
1 Cover Page . ._
Maintenance records shall be kept on the following SCM(s). This maintenance record shall be kept in a log in a known set location.
My deficient SCM elements noted in the inspection will be corrected,repaired,or replaced knmediately. These deficiencies can
affect the Wag*of structures,safety of the public,and the pollutant removal efficiency of the SCM(s).
The SCM(s)on this project include(check al that apply& -• - . O&M sheets will be added autongbcay):
Infiltration Basin Quantity. Location(s):
Infiltration Trench Quantity Location(s):
gin Cell Quantity: Location(s):
Wet Pond Quantity Location(s):
Storynwater Wetland Quantity: Location(s):
Permeable Pavement Quantity: Location(s):
Sand Filter Quantity: Location(s):
Rainwater Harvesting Quantity: Location(s):
Green Roof Quantity: Location(s):
Level Spreader-Filter Strip Quantity Location(s):
Proprietary System Quantity Location(s):
Treatment Swale Quantity: Location(s):
Dry Pond Quantity Loation(s):
Disconnected Impervious Surface Present: No Location(s):
User Defined SCM Present No Loation(s):
Law Dens ty Present Yes Type: Vegetated swales/roadsi ditches
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures fisted for
each SCM above,and attached OW tables. I agree b notify NCDEQ of any problems with the system or prior to any changes to
the system or responsible party.
Responsible Party. Duke Energy Carolinas,LLC(Damn Cardwell)
Title&Organization: Manager-Substation Engineering
Street address: 526 S.Church Street,ECOLIQ
City,state,zip: Charlotte,NC 28202
Phone number(s):704 382-4021
Email: Darrin.CardwellOduke-energy.eom
Signature: Date: a/ace/}3
I. IMMI10010 LEWIS ,a Notary Public for the State of twat N CAan a WA
County of Mgai.c NM,IV, ,do hereby certify that bRRRUN caanwcLL
personally appeared before me this OA ea day of PceauRRht 202 and
acknowledge the due execution of the Operations and Maintenance Agreement.
Witness my hand and official seal, L.,strichw Ada) aoaannii LaAhhs
... lm I
itteWS
. +t f!)' °'�`� 4aw,t i
Ott comerti" 'u^11•2024!At
Seal My commission expires ltrtE It•2024
6TORM.EZ 2f2t2023
Version 16 OM1 Agreement Page 1 of 1

BK 4042 PG 390 - 400 (11) DOC# 1000997601
- -- Low DemMy 1Neintsns arcs Requirements
important maintenance procedures:
The drainage area to the vegetated conveyance or vegetated receiving area wIN be carefully managed to rsdua
sediment load to the vegetated conveyance or vegetated receMrig are.
After the initial ferelizaeon to establish the grass In the vegetated conveyance or the vegetated receiving eras,
fartltaer will not be applied to the vegetated recelving areas.
The vegetated conveyance or vegetated receiving area MN be lapectedarterty. Records of operation and maintenance will be tu>p1
In a known set location and we be available upon request.
Inspection aciMlies Nall be performed as follows.Any problems that are found shot be repaired immediately.
Stir element: 4Potential problem: Mow to nmadi t.the problem:
Vegetation Is too short or too Maintain grassed vegetation such that the swats or vegetated area
Vegetation long. not erode during the peak flow from the 10-year storm
TrMNdebna Is present. Remove the trash/debris.
Areas of ban soil and/or Regrade the soil If necessary to remove the gully,and then re-sod(or
erosive gullies have formed. plant with other appropriate species)and water until established. Prov
Vegetated nioeivine areas Nme and a one-time fertilizer application.
Trees and/or other woody Remove the trees and woody vegetation from the sweet.regrade the
vegetation are present In the swats If necessary and re-establish grass as shown on the approved
wale. plans.
Trash/debris is present. Remove the trveh/debrs.
�
Areas of bare soil and/or f°ds necessarythe soil if to remove the gully,and then resod(or
erosive Buries have formed. Pit with other appropriate species)end water until eelabMlad. Prov
lime and a one-tine fertilizer application.
Sediment covers the grass at Remove sediment and dispose in an area that vent not in streams or
the bottom of the swats. SCMs. Re-sod if necessary.
Vegetated conveyances I
smiles I roadside ditches
(outer than curb outlet The side slope is ateepar ass Rsgrede the slopes to the permitted configuration par the approved pion
swains) and reestablish vegetation.If as-built or existing conditions do not allot
the approved configuration. the Hopes to be regraded.contact the applicable permitting agency.
Determine the source of the problem: soils.hydrology,disease.etc.
Grass is dead,diseased or Remedy the problem and replace plants. Provide a one-time%maz r
dying. application to establish the ground cover if neat'_
Trees and/or other woody Remove the trees end woody vegetation from the vegetated
vegetation are present in the conveyance.regret's the vegetated conveyance N necessary and re-
vegetated conveyance. establish grass as shown on the approved plans.
Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-eds.
The outlet device(If
applicable)
The outlet device is damaged Repair or replace the outlet device
Erosion or other signs of
damage have occurred at the Repair the damage and improve the flow dissipation structure.
Mist.
The receiving water Doges from the site an
causing creator or Contact the local NCDEQ Regional Mos.sedime
sedimentation In the receiving
water.

BK 4042 PG 390 - 400 (11) DOC# 1000997601
AREA TABLE
EASEMENT TYPE ACRES SQ.FT, EXHIBIT A \ar,
PERMANENT TVS MAP MAY NOTBE A CERNFND SURVEY AND HAS NOR. FP.QO F'
RAINAGEEASEMENT 0.652 28402 BEEN REVIEWED SYA LOCAL GOVERNMENT AGENCY FOR �O
COMPLIANCE WITH ANY APPLICABLE IANO DEVELOPMENT o�QSf'�<
SITE
REGULATIONS AND N10.S NOT BEEN RENEWED FOR COMPLIANCE WRH RECORDING REQUIREMENTS FOR PLATS. O
80 0 B0 160
CERTIFICATION a
SCALE IN FEET
I,DUSTIN G.SPILLMAN,CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM s 70 ,
AN ACTUAL SURVEY MADE UNDER MY SUPERVISION(DEED DESCRIPTION RECORDED IN B n
OOK
3281,PAGE 488);THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWNo
FROM INFORMATION FOUND IN BOOK 3281,PAGE 488;THAT THE RATIO OF PRECISION IS 1: LOCATION P z
M 10 000;AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR NOT TO SCALE m LAND SURVEYING IN NORTH CAROLINA 12 N.C.A.C.56.1600;PURSUANT TO G.S.47-30
1F)(11)(C)(4)THIS SURVEY IS OF A PROPOSED EASEMENT FOR A PUBUC UTILITY AS DEFINED IN
G.S.62.3•AND MEETS THE ATTACHMENT RULES OF G.S.47-30(M)(1);THE PURPOSE OF THIS
EXHI I IS FOR RIGHT OF WAY OR EASEMENT ACQUISITION ONLY AND IS NOT ENDED TO BE A
BOUNDARY SURVEY OF THE PROPERTY SHOWN HEREON. 7
THIS 1ST DAY OF MARCH 2023
DU G.SPILLMAN, L-5372
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1. SUBJECT PROPERTY SURVEYED AND MAPPED FOR:
LEGEND (DUKE ENERGY CAROLINAS LLC.)
® REBAR SET 2. AREA BY COORDINATE COMPUTATION METHOD.
0 REBAR FOUND SUBJECT PARCEL 3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES
• CONC.MONUMENT FOUND --———-SUBJECT EASEMENT IN U.S.SURVEY FEET.
_
___Am__STREET RIGHT OF WAY 4. PROPERTY SUBJECT TO ANY VALID&ENFORCEABLE
o COMPUTED POINT(NOT SET) ADJACENT PARCEL
POC POINT OF COMMENCEMENT EXISTING EASEMENT EASEMENTS,RESTRICTIONS,&RIGHTS OF WAY.
POB POINT OF BEGINNING _ SURVEY LINE 5. SURVEY IS BASED ON PHYSICAL EVIDENCE AND EXISTING
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DUKE ENERGY CAROLINAS, LLC
ann EASEMENT EXHIBIT DliKE
DRn�.. a EASEMENT ACROSS THE LAND OF
Engineering `""""""�1/ DUKE ENERGY CAROLINAS LLC
i Design ,a. , g1141 ENERGY®
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HENDERSON COUNTY, NORTH CAROLINA
SITE #:115419 DATE: 03/01/2023 SCALE 1" = 80' 400 S. TRYON STREET
DRAWN BY:JMH DEED 3281-488 PO BOX 1007
CHECK BY: DGS BOOK N:19002436A CHARLOTTE, N C 28201-1007
LAND UNIT:1701568 I TRACT M:000.00 I LSC MAP p:115419-005380 TELEPHONE NO. [phone] 1 1 OF 5

BK 4042 PG 390 - 400 (11) DOC# 1000997601
AREA TABLE
EASEMENT TYPE ACRES SQ.FT. EXHIBIT A �� '
THIS MAP MAY NOT BE A CUOMO SMlVEY AND HAS mar FP'4Q9;r
F PERMANENT 0.652 28402 BIEN REVIEWED STA LOCAL 60YEe1MENTAGENC1'FOR U
£RAINAGE EASEMENT N.CIUNCE WITHANT AMICABLE IMDDEVELoomorr O# SITE
IIEQIUTT: H NO HAS NOT
ECOM REVIEWED
SOS S O
roAEruANa WITH NEwean6 RECOMMITS FOR PLATS.
80 0 80 160
CQI
CERTIFICATION SCALE IN FEET
0 I,DUSTIN G.SPILLMAN,CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM z Co
AN ACTUAL SURVEY MADE UNDER MY SUPERVISION(DEED DESCRIPTION RECORDED IN BOOK Do
3281,PAGE 488);THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN o
FROM INFORMATION FOUND IN BOOK 3281,PAGE 488;THAT THE RATIO OF PRECISION IS 1: LOCATION MAP i
1.00.000 AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE NOT TO SCALE -1
FOR LAND SURVEYING IN NORTH CAROLINA 12 N.C.A.C.56.1600;PURSUANT TO G.S.47-30
(F)(11)(C)(41THIS SURVEY IS OF A PROPOSED EASEMENT FOR A PUBLIC UTILITY AS DEFINED IN
G.S.62-3;AND MEETS THE ATTACHMENT RULES OF G.S.47-30 M 1;THE PURPOSE OF THIS 7
EXHIBIT IS FOR RIGHT OF WAY OR EASEMENT ACQUISITION ONLY A IS NOT INTENDED TO BE \\
A BOUNDARY SURVEY OF THE PROPERTY OWN HE ON. ``"`TLnn1IIIIIyTT, V 4.o
THIS 1ST DAY OF MARCH 2O23 •
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® REBAR FOUND SUBJECT PARCEL 3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES
• CONC.MONUMENT FOUND -————-SUBJECT EASEMENT IN U.S.SURVEY FEET.
—___R _ TREET RIGHT OF WAY
o COMPUTED POINT(NOT SET) _ADJACENT PARCEL 4. PROPERTY SUBJECT TO ANY VALID&ENFORCEABLE
POC POINT OF COMMENCEMENT EXISTING EASEMENT EASEMENTS,RESTRICTIONS,&RIGHTS OF WAY.
POB POINT OF BEGINNING _ SURVEY LINE 5. SURVEY IS BASED ON PHYSICAL EVIDENCE AND EXISTING
R/W RIGHT OF WAY TIE LINE MONUMENTATION FOUND DURING THIS SURVEY.
DUKE ENERGY CAROLINAS, LLC
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SITE #.115419 DATE:03/01/2023 7cALE:1" = 80'
DRAWN BY,JMH DEED: 3281—488 400 S. TRYON STREET
CHECK BY: DOS BOOK #:19002436A PO BOX 1007
LAND UNIT:1701568 I TRACT #.000.00 _I LSC MAP # 11 541 9-005380 TELEPHONEENO. [phone] 2 OF 5

BK 4042 PG 390 - 400 (11) DOC# 1000997601
AREA TABLE EXHIBIT A
6
EASEMENT TYPE ACRES SQ.FT. �N-
�., "'.•'.. -A TH6 MAP MAY NOT BE A CERTIFIED SURVEY ANO HAS NOT FP Pam
PERMANENT 0.652 WCE
28402 BEEN REVIEWED BYA LOCAL GOVERNMENT AGENCY FOR O)O -..C./
RAINAGEEASEMENT COMPLVWrtHANYAFFUEABLEWIDDEVEwrMENT 0P- SITE
.` .� REGULATIONS AND HAS NOT BEEN REVIEWED FOR O
COMPLIANCE WNW RECORDING REQUIREMENTS FOR MAT&
80 0 60 160
CERTIFICATION
SCALE IN FEET
0 Cc
I,DUSTIN G.SPILLMAN,CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM 7°p
AN ACTUAL SURVEY MADE UNDER MY SUPERVISION(DEED DESCRIPTION RECORDED IN BOOK
v
3281,PAGE 488);THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN o
FROM INFORMATION FOUND IN BOOK 3281,PAGE 488;THAT THE RATIO OF PRECISION 151: LOCd1701V MAP z
10 000 AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR NOT TOj SCALE m
LANMURVEYING IN NORTH CAROLINA 12 N.C.A.C.56.1600;PURSUANT TO GS.47-30
(F)(11)(C)(4)THIS SURVEY IS OF A PROPOSED EASEMENT FOR A PUBLIC UTILITY AS DEFINED IN
G.S.62-3 AND MEETS THE ATTACHMENT RULES OF G.S.47-30(M)(1);THE PURPOSE OF THIS
EXHIBIT IS FOR RIGHT OF WAY OR EASEMENT ACQUISITION ONLY AND IS NOT IN ENDED TO BE A
BOUNDARY SURVEY OF THE PROPERTY SHOWN H N. ( `�alHIEIIIllurrrr /
THIS 1ST DAY OF MARCH 2023 • iE,SS1oN 'y>' '.� 7,oGg
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1. SUBJECT PROPERTY SURVEYED AND MAPPED FOR:
LEGEND (DUKE ENERGY CAROLINAS LLC.)
OO REBAR SET 2. AREA BY COORDINATE COMPUTATION METHOD.
QQ REBAR FOUND SUBJECT PARCEL 3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES
■ CONC.MONUMENT FOUND -————-SUBJECT EASEMENT IN U.S.SURVEY FEET.
—__iiyy_STREET NIGHT OF WAY 4. PROPERTY SUBJECT TO ANY VALID&ENFORCEABLE
POC POINT OF COMMENCEMENT EXISTINGN EASEMENT
O COMPUTED POINT(NOT SET) _ADJACENTPARCEL EASEMENTS,RESTRICTIONS,&RIGHTS OF WAY.
P013 POINT OF BEGINNING - SURVEY LINE 5. SURVEY IS BASED ON PHYSICAL EVIDENCE AND EXISTING
R/W RIGHT OF WAY TIE LINE MONUMENTATION FOUND DURING THIS SURVEY.
DUKE ENERGY CAROLINAS, LLC
°"'E'""'" u, EASEMENT EXHIBIT DUKE
[eau', n
On~ E ""` EASEMENT ACROSS THE LAND OF
Engineering IiiLNEoi DUKE ENERGY CAROLINAS LLC
Design
gnr0, a,.•,........ima ENERGY®
„�, 11i„„�, '" "" MILLS RIVER TOWNSHIP
HENDERSON COUNTY, NORTH CAROLINA
SITE #:115419 DATE:03/01/2023 SCALE:1" = 80' STREET
DRAWN BY:JMH DEED: 3281-488 400 S. TRYON ST PO BOX 1007
ST
CHECK BY: DGS _BOOK //:19002436A CHARLOTTE, N.C. 28201-1007
LAND UNIT:1701568 I TRACT #:000.00 I LSC MAP #:115419-005380 TELEPHONE NO. [phone] I3 OF 5

BK 4042 PG 390 - 400 (11) DOC# 1000997601
AREA TABLE EXHIBIT A
EASEMENT TYPE ACRES SQ.FT. �N-t
t . ,4 THD MAP MAY NOT SEA CERTIFIED SURVEY MO HAS NOT FP P& ,'
PERMANENT 0.652 28402 NEENREVIEWED SYA LOCAL GOVERNMENT AGENaFOR N9 `�f
IN iRAAGE EASEMENT' COMPLIANCE WITH ANY APUCABLELAND DEVELOPMENT 0'2P SITE
•--'"� REGULATIONS AND HAS NOT TEEN REVIEWED FOR O
COMPLIANCE WRN RECORDING REQUIREMENTS FOR PUNTS.
80 0 80 160
CERTIFICATION
SCALE IN FEET
I,DUSTIN G.SPILLMAN,CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN co
n m
ACTUAL SURVEY MADE UNDER MY SUPERVISION(DEED DESCRIPTION RECORDED IN BOOK 3281,PAGE D
488);THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION 0
FOUND IN BOOK 3281,PAGE 488;THAT THE RATIO OF PRECISION IS 1:10,000'AND THAT THIS MAP IMP
MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH NOT TO SCALE m
CAROLINA 12 N.C.A.C.56.1600;PURSUANT TO G.S.47-30(F)(11)(C)(4)THIS SURVEY IS OF A PROPOSED
EASEMENT FOR A PUBLIC UTILITY AS DEFINED IN G.S.62-3;AND MEETS THE ATTACHMENT RULES OF
G.S.47-30(M)(11;THE PURPOSE OF THIS EXHIBIT IS FOR RIGHT OF WAY OR EAS MENT ACQUISITION
ONLY AND IS NOT INTENDED TO BE A BOUNDAR RVEY OF TH PROP TY S WN HEREON.
THIS 1ST DAY OF MARCH 2023 " • /\tl 40
DU .SPILLMAN, L-5372 + 0
ti�
COLLIERS ENGINEERING&DESIGN Cr,P.C. ('oi0Q
D/B/A:MASER CONSULTING
NC FIRMA:C-4746
LINE DATA LINE DATA LINE DATA
SEGMENT DIRECTION LENGTH SEGMENT DIRECTION LENGTH SEGMENT DIRECTION LENGTH
L1 N 46'39'46" W 63.80' L18 N 33'36'57" E 39.90' L35 S 3113'57" E 46.46'
L2 N 39'04'34" W 9.19' L19 N 5'01'47" E 59.74' L36 S 9'59'47" E 52.28'
L3 N 39'04'34" W 15.24' L20 N 29'46'30" W 44.00' L37 S 31'03'08" W 35.63'
L4 N 39'04'34" W 83.81' L21 N 19'27'15" E 18.78' L38 N 31'03'08" E 46.66'
L5 N 39'04'34" W 15.95' L22 N 41'32'06" E 85.44' L39 N 9'59'47" W 60.70'
L6 N 39'04'34" W 22.02' L23 N 48'43'42" E 60.97' L40 N 3113'57" W 50.55'
L7 N 37'03'07" W 59.91' L24 N 4013'42" E 28.18' L41 N 58'51'56" W 33.61'
L8 N 36'57'09" W 0.51' L25 N 50'51'22" W 13.85' L42 N 5'48'40" W 19.80'
L9 N 36'57'09" W 16.45' L26 S 4013'42" W 21.68' L43 N 7715'35" E 36.38'
L10 N 36'57'09" W 37.33' L27 S 48'43'42" W 60.80' L44 N 49'45'12" E 68.02'
L11 N 52'55'38" E 11.60' L28 S 41'32'06" W 89.31' L45 S 29'46'30" E 37.88'
L12 N 52'55'38" E 99.31' L29 S 19'27'15" W 31.29' L46 S 5'01'47' W 51.21'
L13 N 52'55'38" E 5.25' L30 S 49'45'12" W 63.85' L47 S 3336'57" W 34.06'
L14 S 42'33'52" E 120.04' L31 N 7715'35" E 110.56' L48 S 40'42'08" W 62.32'
L15 S .4233'52" E 180.25' L32 N 7715'35" E 55.99' L49 N 14'2612" W 744.13'
L16 S 42'33'52" E 178.31' L33 S 5'48'40" E 25.47' � 0,RQLbN ,,'
L17 N 40'42'08" E 63.49' L34 S 58'51'56" E 38.74' o�� ��55101u..
_ O Y
CURVE DATA -2 0... IA'
SEGMENT RADIUS LENGTH DELTA CHORD = 5, . O 23
C1 3120.00' 110.22' 2' 01' 27" N 38'03'51" W 110.21' O1N0 SOS �.4
'. \�.
C2 3592.05' 94.26' 1' 30' 13" N 36'12'03" W 94.46' NOTES ,'�/$TIN G.SQ‘"o
1. SUBJECT PROPERTY1901WBYpd AND MAPPED FOR:
LEGEND (DUKE ENERGY CAROLINAS LLC.)
2. AREA BY COORDINATE COMPUTATION METHOD.
0 REBAR SET
10 REBAR FOUND SUBJECT PARCEL 3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES
---- _SUBJECT EASEMENT IN U.S.SURVEY FEET.
IN CONC.MONUMENT FOUND ---_R/14_.STREET RIGHT OF WAY 4. PROPERTY SUBJECT TO ANY VALID&ENFORCEABLE
O COMPUTED POINT(NOT SET) _ ADJACENT PARCEL EASEMENTS,RESTRICTIONS,&RIGHTS OF WAY.
POC POINT OF COMMENCEMENT EXISTING EASEMENT
POB POINT OF BEGINNING - SURVEY LINE 5. SURVEY IS BASED ON PHYSICAL EVIDENCE AND
R/W RIGHT OF WAY TIE LINE EXISTING MONUMENTATION FOUND DURING THIS
SURVEY.
DUKE ENERGY CAROLINAS, LLC
°WI...,"� EASEMENT EXHIBIT ( DUKE
rCara.
{ _>-=, an L.I'ro��'"4 EASEMENT ACROSS THE LAND OF
E&0a11Tina p,'''.,4s, DUKE ENERGY CAROLINAS LLC
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ENERGY®
...uNll..w«w=1.,=',11 MILLS RIVER TOWNSHIP
HENDERSON COUNTY, NORTH CAROLINA
SITE #:115419 DATE:03/01/2023 SCALE:1" = 80'
DRAWN BY:JMH DEED: 3281-488 400 S. TRYON STREET7
CHECK BY: DOS BOOK 19002436A TT BOX. 128
k' CHARLOTTE, N.C. 28201-1007
LAND UNIT:1701568 (TRACT H:000.00 ILSC MAP H:115419-005380 TELEPHONE NO. [phone]I4 OF 5

BK 4042 PG 390 - 400 (11) DOC# 1000997601
AREA TABLE EXHIBIT A -
EASEMENT TYPE ACRES SQ.Fr. ?��G
r THIS MAP MAY NOT 8E A CERTKNO SURVEY AND HAS NOT Fp�QO r
PERMANENT 28402 BEEN REVIEWED BYA LOCAL GOVERNMENT AGENCY FOR p�0`�=
DRAINAGE EASEMENT 0.652 COMPLIANCE MR ANY APPUCAEtE LAND DEVELOPMENT
0p SITE
REGULATIONS AND HAS NOT BEEN EMEIGREVIEWED O
CERTIFICATION COMPLIANCE WITH RECORDING REQUIREMENTS FOR MATS.
I,DUSTIN G.SPILLMAN,CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE
UNDER MY SUPERVISION(DEED DESCRIPTCN RECORDED IN BOON 3231,PAGE 488);THAT THE BOUNDARIES NOT SURVEYED
ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOON 32B1,PAGE 488;THAT THE RATIO OF PRECISION IS =z a
1-10 DDD AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH p
JJ
CAROLINA 12 N.C.A.C.56.1600;PURSUANT TO G.S.47-30 LF1(11)(C)14)THIS SURV IS OF A PROPOSED EASEMENT FORA D
PUBLIC UTILITY AS DEFINED IN G.S.62-31 AND MEETS THE ATTACHMENT RULES 0 G.S.47-30 M 1•THE PURPOSE OF THIS _ ` CI
EXHIBIT IS FOR RIGHT OF WAY OR EASEMENT ACQUISITN)N ONLY AND IS NOT I A UNDARY SURVEY OF THE
PROPERTY SHOWN HEREON. LOCATION YAP Z
,ttttttttII lilttttttt, v� NO'/ TOE SCAL£ m
THIS 1ST DAY OF MO L IN,�''?/,
�� .SPILLMAN, L-5372 80 0 80 160
$OQ(.....------------'\ COEIIERS ENGINEERING&DESIGN CT,P.C. SCALE IN FEET
D/ :MASER CONSULTING
:112t a S ti aC NC FERMI:C-4746
511 o e
�� LOW DENSITY DEVELOPMENT
Ti.f, O gAID S�c�� DEED RESTRICTIONS&PROTECTIVE COVENANTS
• %.,ISTIN G"L, .'`.
IN ACCORDANCE TMRI1k!15 NCAC 2H.1000 AND S.L.2008-248,THE STORMWATER MANAGEMENT REGULATIONS,DEED
RESTRICTIONS AND PROTECTIVE COVENANTS ARE REQUIRED FOR LOW DENSITY DEVELOPMENT WHERE LOTS MAY BE
SUBDIVIDED AND SOLD.DEED RESTRICTIONS AND PROTECTIVE COVENANTS ARE NECESSARY TO ENSURE THAT THE
DEVELOPMENT MAINTAINS A"BUILT-UPON"AREA CONSISTENT WITH THE APPLICABLE REGULATION GOVERNING THE DENSITY
LEVEL.THE FOLLOWING DEED RESTRICTIONS AND COVENANTS MUST BE RECORDED PRIOR TO THE SALE OF ANY LOT:
I,ON BEHALF OF DUKE ENERGY CAROLINAS,LLC ,ACKNOWLEDGE,AFFIRM,AND AGREE BY MY SIGNATURE BELOW,THAT I WILL
CAUSE THE FOLLOWING DEED RESTRICTIONS AND COVENANTS TO BE RECORDED PRIOR TO THE SALE OF ANY LOT WITHIN THE
PROJECT KNOWN AS FERNCLIFF RETAIL SUBSTATION:
1. THE FOLLOWING COVENANTS ARE INTENDED TO ENSURE ONGOING COMPLIANCE WITH STATE STORMWATER MANAGEMENT
PERMIT NUMBER SWA0000B3 ,AS ISSUED BY THE DIVISION OF ENERGY,MINERAL.AND LAND RESOURCES UNDER THE
STORMWATER MANAGEMENT REGULATIONS.
2. THE STATE OF NORTH CAROLINA IS MADE A BENEFICIARY OF THESE COVENANTS TO THE EXTENT NECESSARY TO MAINTAIN
COMPLIANCE WITH THE STORMWATER MANAGEMENT PERMIT.
3. THESE COVENANTS ARE TO RUN WITH THE LAND AND BE BINDING ON ALL PERSONS AND PARTIES CLAIMING UNDER THEM.
4. THE COVENANTS PERTAINING TO STORMWATER MAY NOT BE ALTERED OR RESCINDED WITHOUT THE EXPRESS WRITTEN
CONSENT OF THE STATE OF NORTH CAROLINA,DIVISION OF ENERGY,MINERAL AND LAND RESOURCES.
5. ALTERATION OF THE DRAINAGE AS SHOWN ON THE APPROVED PLAN MAY NOT TAKE PLACE WITHOUT THE CONCURRENCE OF
THE DIVISION OF ENERGY,MINERAL AND LAND RESOURCES.
8. THE MAXIMUM ALLOWABLE BUILT-NOT_UPON AREA IS 103,834 SQUARE FEET.
THE ALLOTTED AMOUNTS INCLUDE ANY BUILT-UPON AREA CONSTRUCTED WITHIN THE LOT PROPERTY BOUNDARIES,AND
THAT PORTION OF THE RIGHT OF_WAY BETWEEN THE FRONT LOT LINE AND THE EDGE OF THE PAVEMENT.BUILT UPON AREA
INCLUDES,BUT IS NOT LIMITED TO,STRUCTURES,ASPHALT,CONCRETE,GRAVEL,BRICK,STONE,SLATE,COQUINA AND
PARKING AREAS,BUT DOES NOT INCLUDE RAISED,OPEN WOOD DECKING,OR THE WATER SURFACE OF SWIMMING POOLS,
AND GRAVEL/STONE IN ACCORDANCE WITH THE NCDEQ STORMWATER DESIGN CRITERIA,SECTION A-4:BUILT UPON AREA.
7. FILLING IN OR PIPING OF ANY VEGETATIVE CONVEYANCES(DITCHES,SWALES,ETC.)ASSOCIATED WITH THE DEVELOPMENT
EXCEPT FOR AVERAGE DRIVEWAY CROSSINGS AND SUBSTATION CONVEYANCE SYSTEMS AS REGULATED BY EPA 40 CFR
PART 112-OIL POLLUTION PREVENTION AND PERPETUALLY FILED SPILL PREVENTION,CONTROL,AND COUNTERMEASURE
(SPCC)PLAN FOR THE ABOVE SITE,IS STRICTLY PROHIBITED BY ANY PERSONS.
8. EACH LOT WILL MAINTAIN A 30-FOOT WIDE VEGETATED BUFFER BETWEEN ALL IMPERVIOUS AREAS AND SURFACE WATERS.
9. ALL ROOF DRAINS SHALL TERMINATE AT LEAST 30-FOOT FROM THE MEAN HIGH-WATER MARK OF SURFACE WATERS.
10. EACH LOT,WHOSE OWNERSHIP IS NOT RETAINED BY THE PERMITTEE,SHALL SUBMIT A SEPARATE STORMWATER PERMIT
APPLICATION TO THE DIVISION OF ENERGY,MINERAL AND LAND RESOURCES AND RECEIVE A PERMIT PRIOR TO
CONSTRUCTION.THE APPLICATION SHALL DEMONSTRATE COMPLIANCE WITH THE MAXIMUM BUA LIMIT AND THE
LOW-DENSITY REQUIREMENTS SET FORTH IN 15A NCAC 2H.1000.LOTS WHOSE OWNERSHIP IS RETAINED BY THE PERMITTEE
SHALL BE SUBMITTED AS MODIFICATIONSAT TO THE ORIGINAL PERMIT.
/ "/NJi'i•'4 !P 1eav
SIGNATURE: DATE: 3 fI 17I14
/q� DA Iuhslf t pub 1 Eopt(8.P LLC (� ii I)
I, /J a 16//C ,A NOTARY PUBLIC IN THE STATE OF
�pG y� i i ,COUNTY OF yp!t ,DO HEREBY �L
CE"T(FY THAT /JF Ll' PA' fe/ PERSONALLY APPEARED BEFORE ME THIS THE /,%7h LAY OF
/i i r,i ,20 -A ,AND ACKNOWLEDGE THE DUE EXECUTION OF THE FOREGOING INSTRUMENT.
WITNESS M HAND 'ND OFFICIAL SEAL, SEAL
NO ARY- NATURE � Notary
MY -• 'ISSION EXPIRES N h Z P"bI`
J!lJJJ :South or •Carolina ':
''fin
DUKE ENERGY CAROLINAS, LLC @ ""
A"""lithgalk EASEMENT EXHIBIT DUKE
Conlin rr
Rnw�.., t~r.a EASEMENT ACROSS THE LAND OF
Engineering Nwu,:/:::8,, DUKE ENERGY CAROLINAS LLC
`Design
wn.. a., Aria ENERGY®
w.n.alll.r..ry6w:,I;,�;pT' "'� MILLS RIVER TOWNSHIP
HENDERSON COUNTY, NORTH CAROLINA
SITE N:115419 DATE: 03/01/2023 SCALE:1" = 80' 400 S. TRYON STREET
DRAWN BY:JMH DEED: 3281-488 PO BOX 1007
CHECK BY: DOS BOOK #:19002436A CHARLOTTE, N.C. 28201-1007
LAND UNIT:1701588 [TRACT #:000.00 I LSC MAP #:1 1 5 41 9-005380 TELEPHONE NO [phone] 15 OF 5