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Home My WebLink About20030065 Ver 2_Deed Restriction_20151109Return to: John Turner Walston, Atty 8013 18 4 PAN8146 fixed ��''PT A - °• Doe ID: 011334690004 Type: CRP Recorded: 10/08/2015 at 11:51:17 AM Fee Amt: $26,00 Page i of 4 1 ,01ILROF DDS WAYNE COUNTY, NC LOIS J MOORING REGISTER OF DEEDS BK3184 PG846. -849 ` v STATE OF NORTH CAROLINA DEED RESTRICTION COUNTY OF WAYNE HWB OF NORTH CAROLINA, LLC, allorth Carolina limited liability company, the owner (hereinafter "Owner ") of the real property more particularly described as Restricted Area 1, consisting of 72,118.48 square feet, more oar- less, as shown on survey entitled "Survey for HWB of North Carolina, LLC Riparian Buffer Restoration Area, being Part of the HWB of North Carolina, LLC Iract, Deed Book 1691, Page 83, Fork Iownship, Wayne County, North Carolina" dated September 30, 2015, prepared by McDavid Associates, Inc, Land Surveyors, recorded in Plat Cabinet —0 , Slide 3� fi Wayne County Registry (hereinafter the "Property ") The Property is also referenced in "The Highway'70 & 581 Buffer Restoration Plan, S &EC Project No 732.5 D2" 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 Division requires that the mitigation area he nlarPrl iinrlPr nerrtietr�a _1 nr ntertrnn to enci�re nln te.".t1�^,n Of the ''`r.^.'''ert"'S nuhrerxt AeA1AV Y'ai r•�w --�- r � r N Y Y .7 f inetions The intent of this document is to assure that the restored portions of the Property will be re.tainPrl fnrPvar nrPr3nrninant1y in tl,P natural y1-6Ptat;A7P and livArnlrin rnnrl;tinn rlac�r ;har ;,, success crrterra of the "Hrgh:v y ?0 &' 581 Buffer Re°itar'atrvli Dian" Actrvrtres, VVIIN1, 111ay, 111 {LLIe 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. 8093 18 4 A- $41, The parties to this agreement include the Property owner who by its signature accept the third -party rights of enforcement herein and agree that the deed restrictions will be subject to the following conditions: 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 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) Ierm 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 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 structurc of facility on or above the Property. BPOK3184 PAK848 -3- s' -,: (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 bails. There shall be no construction of roads, trails or walkways on the Property; nor enlargement or modification to existing roads, trails, or walkways. (g) Signag_e . 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 under ground or abovegr ound stor age tanks or other materials on the Property is prohibited. (1) 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. 4) Rights of Access and Entry The Division shall have the right to enter and go upon the. Prnnerty for purposes of inspection, and to take actions including but not limited to scientific observations and studies, and collection of samples.. 8600 18 4 ' -4- 5) Enforcement In the event of a breach of the restrictions by the Owner, or a third patty 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 cortective actions required by the Division or fails to complete the necessary corrective actions, the Division may undertake such actions, including legal proceedings, as ate 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. This the 7`h day of October, 2015 Approved by Property Owner: HWB OF NORTH CAROLINA, LLC, a NC limited liability Company (SEAL) David Weil, Vice - President STATE OF NORTH CAROLINA COUNTY OF WAYNE I, ALICE S. BUCK, a Notary Public in and for said State and County, do hereby certify that DAVID WEIL, per sonally came before me, first being duly sworn, this day and acknowledged that he is a Vice - President of HWB OF NORTH CAROLINA, LLC, a limited liability company, and that he n$ a tlrre- Pr'esrdent hernn a,.ithot;�o a + , 40 1 �L L 1, 7 G �. , ..s u tied co do 3v, exe�u"ke .c ,he Itu egoing on ucuu11i W Luc U111 MU liability company, WITNESS my hand and official seal, this the 7th day of October, 2015. .lei My commission expires: April 17, 2.018 `plii11511 €411 {{ { {p Notar Public - isOTARY' . PUBLIC „ r }Y �JJ•� .4V