20030065 Ver 2_Approval Letter_20130312

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
March 12, 2013
DWQ # 2003 -0065 v2
Wayne County
HWB, Inc.
Attn: David Weil
PO Box 2063
Goldsboro, NC 27533
Subject: Buffer Restoration Plan Approval
Rosewood Industrial Park, Hwy 70 and 581
Dear Mr. Weil:
On December 17, 2012, the Division of Water Quality (Division) received your buffer restoration plan
dated December 2012, and your request to approve the restoration plan as required per the 401 Water
Quality Certification and Buffer Major Variance approved on February 13, 2008. Additional information
was received on January 14, 2013, February 7, 2013, February 18, 2013 and March 11, 2013.
The Division approves your buffer restoration plan as it satisfies the requirements of the Neuse Riparian
Buffer Mitigation Rule 15A NCAC 02B .0242.
Due to complications in getting an entity to accept a conservation easement for this site, the Division
agrees to allow a deed restriction to take the place of a perpetual conservation easement. The attached
Deed Restriction language is approved by the Division as part of the approval of this restoration plan.
Please contact Katie Merritt at katie.merrittta'�ncdenr.gov or 919 - 807 -6371 if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
Attachment —Deed Restriction Language
cc: Kevin Martin, Soil and Environmental Consultants (via electronic mail)
DWQ WaRO 401 files
File Copy
File name: 030065Ver2RosewoodIndustPrk( Wayne )_BufferRestPln_Approve.docx
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone [phone] FAX [phone]
Internet http Hportal ncdenr orglweb/wglws
An Equal Opportunity 1 Affirmative Action Employer

DEED RESTRICTION
is the owner (hereinafter "Owner") of the real property more particularly
described and shown in Exhibit "A" (hereinafter the "Property") attached hereto and made a part
hereof. The approximately -acre Property is also referenced in "The Buffer Restoration
Plan for ". The Property is subject to the conditions of the approved North Carolina
Department of Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ)
(hereinafter the "Division ") 401 Water Quality Certification and Major Variance per the Neuse
River Buffer Protection Rules (15A NCAC 02B .0233) with Additional Conditions dated February
13, 2008.
One of the conditions of the referenced permit requires that a Buffer Restoration Plan be approved
by the Division prior to implementation. Pursuant to'the Neuse River Basin: Nutrient Sensitive
Waters Management Strategy: Mitigation Program for Protection 'and Maintenance of Existing
Riparian Buffers 15A NCAC 02B .0242(9) the-bivision requires that the'mitigation area be placed
under perpetual protection to ensure protection of the property's nutrient removal functions.
The intent of this document is to assure that the restored portions of the Property will be retained
forever predominantly in the natural vegetative and hydrologic condition described in success
criteria of the "Highway 70 & 581 Buffer Restoration Plan". Activities, which may, in the future,
be conducted within the Property that will affect the vegetative and or hydrologic conditions
outlined in the success criteria of the Mitigation Plan, must be .coordinated with and approved in
advance by the Division, prior to implementation.
The parties to this agreement include the Property, owner(s) who by their signature accept the third -
party rights of enforcement herein and agree ghat the deed restrictions will be subject to the
following conditions: I - 1 1,
1) Property Description
Owner will provide:
a) On -site photographs taken at appropriate locations on the protected Property
including all major natural features; and
b) A copy of the deed with an accurate legal description or a current survey certified
by a North Carolina Registered Land Surveyor of the protected Property.
c) A placard or permanent sign placed on a permanent post in or around the vicinity of
the Property disclosing that the Property is a protected riparian buffer.
2) Term
These restrictions shall run with the land in perpetuity and be binding on all future
owners, heirs, successors, administrators, assigns, lessees, or other occupiers and users.
The Owner must file this Deed Restriction of record with the County Clerk of Wayne
County, North Carolina within 30 days of the date this document is signed and provide
a copy of the recorded Deed Restriction to the Division within 60 days of filing.

3) Restricted Activities
Except for such specific activities as authorized pursuant to aforementioned 401 Water
Quality Certification and Major Variance, the following activities are prohibited on the
Property subject to this Deed Restriction and will be considered to negatively affect the
success criteria outlined in the Buffer Restoration Plan unless approved in writing in
advance by the Division:
(a) Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the 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 Property.
(c) Industrial, Commercial and Residential Use. Industrial, residential, and/or
commercial activities, including any right of passage for such purposes are
prohibited.
(d) Agricultural, Grazing and Horticultural - Use. Agricultural, grazing, animal
husbandry, and horticulture use of the Property are prohibited. .
(e) Vegetation. There shall be no removal;'burning, destruction, harming, cutting
or mowing of trees, shrubs, or. other vegetation on the Property.
(f) Roads and Trails. There shall be no construction of roads, trails or walkways on
the Property; nor enlargement -oar 'modification, to existing roads, trails, or
walkways.
(g) Signagg. No signs shall be permitted' on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the
Property, signs giving directions or proscribing rules and regulations for the use
of the Property and/or signs identifying the Grantors as owner of the 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 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 Property, except to restore natural topography or
drainage patterns.
(j) Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all- terrain vehicles, cars and trucks is prohibited, other
than for temporary or occasional access for purposes of maintaining the buffer
restoration area.
(k) Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this buffer restoration area, the
preservation of the Property substantially in its natural condition, or the
protection of its environmental systems, is prohibited
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4) Rights of Access and Entry
The Division shall have the right to enter and go upon the Property for purposes of
inspection, and to take actions including but not limited to scientific observations and
studies, and collection of samples.
5) Enforcement
In the event of a breach of the restrictions by the Owner, or a third party working with
the permission of or under the direction of the Owner, the Division must be notified
immediately. If the Division becomes aware of a breach of this Agreement, the
Division will notify the Owner of the breach. If the Owner fails to initiate corrective
actions required by the Division or fails to complete.the necessary corrective actions,
the Division may undertake such actions, including legal proceedings, as are necessary
to effect such corrective action. Any forbearance on the part of the Division to exercise
its rights in the event of a breach of the restrictions shall not be deemed or construed to
be a waiver of their rights hereunder in the event of any subsequent failure of the
property Owner to comply.
Approved by Property Owner:
Signature
Name
Title
Notarization:
Date
I , a Notary Public in the State of
County of
personally appeared before me this the
do hereby certify that
day of .201 and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
Signature
My Commission expires
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SEAL