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Home My WebLink About20010963 Ver 1_Conservation Easements_20140520Herndon, Mason From: Griffin, Randy W Sent: Tuesday, May 20, 2014 8:30 AM To: brad. e.shaver @usace. army. mi1; Herndon, Mason Cc: Mathis, Stonewall D Subject: Rowell Branch Site; Brunswick County Attachments: R9999B_CONS ESMT_ST1_140124.pdf; R9999B_CONS ESMT_ST2_140124.pdf; EGDale Request to DOT May 12 2014.pdf; Rowell Branch Survey.pdf; R- 2633C- Wilmington Bypass Permit.pdf; Rowell Branch Deed of Gift to NCDOT.pdf; Rowell Branch—Receipt of Deed G ift. pdf Al I, I have spoken with you all regarding issues with the Conservation Easement on the subject site. This was a "full delivery' mitigation site that was contracted through Ecobank back in the late 1990s. The site was purchased, planned, constructed, monitored, and closed out by Ecobank. Ecobank gifted the CE to DOT in 2001 such that DOT would be the long -term steward of the site. Last fall during a stewardship inspection, DOT noticed that a stormwater /EC basin had been expanded and appeared it may have encroached in the CE at Point 36 on attached map. DOT had L &S mark and monument the boundaries of the CE in early 2014. This survey work revealed a possible discrepancy on the east end of the site which equals 0.116 ac (hatched area sheet 2). It appears that there may have been a bad property line call by the original survey and the area in question was not owned by E.G. Dale at the time the original CE was signed. The permit for R- 2633C, Wilmington Bypass, used the entire site at 16.5 ac. from Rowell Branch. So the current CE totals 16.357 ac. that is currently monumented and staked. Upon review with Mr. Dale, he has formally requested that we adjust the current CE in a couple of locations. I have attached his request and maps, as well. Specifically he would like to move point 7 toward point to eliminate the triangle and he would like to eliminate point 36, also eliminating the spike triangle where the rip -rap spillway encroached on the CE. These 2 areas total less than 0.1 ac total. Mr. Dale has stated that there may be opportunities immediately adjacent to the current CE to add in and make up the difference of 0.216 ac. DOT would propose to review this property with the agencies at your earliest convenience, in order to view the CE discrepancy, the 2 areas proposed for adjustment, as well as any replacement areas that could be added in the CE to make up the difference. A couple of you mentioned a Brunswick ride through on June 5t ", if that would work, I'll try to schedule with Mr. Dale. Once any adjustments are worked out regarding the boundary, DOT would like to record this new plat to replace the original plat, as an attachment to the signed Conservation Easement. I have pulled our files regarding the NW 27 for constructing the mitigation site, as well as the R -2633C Roadway Permit, if you need those. There are numerous other documents associated with both the site and the roadway project. Thanks for your assistance Handy W- Griffin , fir. PDEA Natural Environment Section -Group Leader N.C. Department of Transportation 1598 Mail Service Center Raleigh, N.C. 27699 -1598 Phone: (919) 707 -6121 Fax: (919) 212 -5785 rgriffinancdot. qov 1 Ernail corrpspondpnce to and ftorn this spndpr is subJpct to thp N.C. Public Records Law and may bp disclospd M Hwd patps. I\ Stephen R. Wolfe , Professional Land Surveyor I I NORTH CAROLINA, NASH COUNTY \ \ ATSO/V UR NAVASSA CITY No. L — 3259 certify: I I A Stephen R. Wolfe certify that this plat \ THAT THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, I I I was drawn under my supervision from an actual survey \ (deed description N SHeOgRO SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A I made under my supervision recorded \ SEE MAP SEea AP troy, COURT ORDERED SURVEY OR OTHER EXCEPTION TO THE n Book page-- etc.) (other): A that the boundaries indicated - - - -. �`i DEFINITION OF SUBDIVISION not surveyed c y SEE M A SEE MAP RAiLR ", rom info Lin es Surveyed as drawn from nformafon found n Book SEE MAP Lines Not Surveyed O D S /TE — — — — N — — _ PROFESSIONAL LAND SURVEYOR N0. L 3259 I — — — I I page that the ratio of precision as cal— — — De Lines 5urve d \ 1: 10,000 that this plat was prepared y \ t, I I in DB Deed Book In accordance with G S. 47 -30 as amended. Witness my PG Poge .d original signature, registration n mber and seal this M8 Mop Book rP I I — —day of — — , A. D. — —. CMF Concrete Monument Found y v� Gnr I IPF ''/" Iron Pipe Found, unless otherwise noted Seal or Stamp I Surveyor:_ _ _ _ _ RBC 4" Reb or, 36" long with Aluminum Cop set Sk' Iron Reber Found C JEF OKES moo Registration Number: L — 3259 CP Calculated Point N/F Cow or Formerly t Al D k ern ono uminum ri �1 er H stamped Dory, � ��- EASTBROOK DR, ra • 4: I �F \�) G -3 �y � 19.6_ FI WALKER Si. I 24•E ' ro 241.62 z ..... _ INSET �'aF of I NOT TO SCALE w R I INSET S ?8• a NOT TO SCALE $✓IC'INIP'�','��/A.P 566 983' E N 9 j�J TO TO N`JrsTrI CAROLINA r DEPARTMENT Sr TRANSPIO`TATION °r GY COI SERIATl EASEMEUT 7 {31C I DE 14 p. P( I2 -a I _ DO (3;? PG r98 - M6 D2 PG 42 !�I I O f f 1 I 6 � I r I yy � 2 , r , rl�, CORNER 1 NORTHING = 191398.65 FASTING = 2287476.85 \ {v3= - 30 STB�OD 32 _r C115Cf 127 \ 155 _ 1 29 / � B��SU9 j . I {IINr {1150 COMMON hrb} I 37 I \ AREA w i 3' 16 - r - 5' r SECT N 3 — = —E STEfp00/' 3 8 1 = EgsTaROO 3 4 3 3 BB� 5 ) 3 — 13 MB 33, PG 469 \ �� \ I INSET NOT TO SCALE _ "f s.z A �� A C" y� i� SECT /ON 2 A E�ISTBROO/( LF A MB 33 PD 470 O I Survey of Rowell's Branch Conservation Easement STATE OENORTH CAROLINA - COUNTY OEBRUNSw1CK 1 O� \ on the Lands of-- 1, .R� Ofl wa, 1R -k ty t -lv lhat / \ O � !hc map or plat Io nl cf this w t Lcalron i, an rcd, m;.cl, all [alulmv rcqu ;, i�nls lm rc -mdln�, � / ' i FOR O Lf O SEE SHEET 2 OF 2 FOR TABLES OF METES AND BOUNDS. - - p 100 0 100 200 STATEOFNORTTTCAROLINA- COLWTYOFBRLJNSWICK OS, Thls map filcdf :�L.nanon dris day.1 ,20 ai O'Clock M, and duly r2Kisecnerl in Book . !'uKc , Brvn.:wiek Coemty Reygr y. NORTHWEST TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA RECUSTER of DEEDS DRAWN BY.' RTP CHECKED BY.' SRW DATE: JANLIARY24, 2014 Rv: , Ae�iala�(f D�puly DGN: R -9999B CONS. ESMT STI 140124.DGN JOB NO: 130168A SHEET NO: i of 2 INSET NOT TO SCALE;� C� 6 t / �_ (34r Lines No t N rd Lines Not n'e Lines Surveyed f I / DB Deed Book PD Pnge 18.?- / MB Mop Book / {.- C ncr n o MF Col on Pie Found P unless otherwise noted RBC 4' Feb or. 36' long with Aluminum Cop set IFF lron Feb,, Found Cie Colculoted Point s /F nw n Fn me ly y- onto Aluminum Disk onl Od, {R-�J Corner J( Stamped y 'ter 43) .] O CLC P�FRTH GAI -NLINA NOT IT T O SCALE ------------------------------------ DE- APTNIDP T OF TPAPl2Nl F2TATI0[11 Steppe„ R Wolfe, PLS NO. L — 3259 t ClINSER ATIf1N EASEMENT 7 \A T {gar DE 428 R- 1259 DE 1337 P is We 22 Pfi 43 °nn 3 ,,,,,,��0^ o ,OF {ry 20 INSET C NOT TO SCALE " "` ��'" g8- \SE�� i- 5Z ji0�2 5 1.2T r lSTB 700 \ MB 33 PO 470 \ � N o '9 2 o � ' 6 7 "I 6 8 e° a ✓ /\ \ 8 5 E�srBPO� MB 1 33, PO / / \ 64 A MB 32, PCB 29 / 70/ / / A JEFFERY STOKES / 7 � ?,65 { � S 72 X83 8 s >1 9 74 o. \ 7 5 { ; 4 \ 24`50'71' E 48.26' SITE m NAVASSA CITY SEgeogRD C0A, 8 RAILROAD VIC'INI'I'Y M N P (N" t, STATE OF NORTFI C,4 ROLIN,4 - COLTNTYOF BRLJN.4WICK This map filed i r rrgisuanon dris day oT , 20 al D'L'lack M, and duly rz�stca'ed m Book . PJKc , Brvn.:ui k Coemly Reyi.cny. REr1.STER OF DEEDS Rv: , Aesi -1, D�puly 100 0 100 200 NORTHWEST TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA DRAWN BY.' RTP CHECKED BY.' SRW DATE: JANUARY 24, 2014 DGN: R99-99B CONS. ESMT ST2 140124.DGN JOB NO: 130168A SHEET NO: 2 of 2 E G Dale P O Box 157 Leland, NC 28451 910- 371 -6387 email - mirealty @bellsouth.net May 12, 2014 Richard W Hancock,PE Manager Project Development and Environmental Analysis N C Department of Transportation 1548 Mail Service Center Raleigh, NC 27699 -1548 Attention: Randy Griffin Dear Sir: We are requesting changes to the Rowell Branch Conservation Easement. Enclosed are two maps of the property. Page I : We would like to move #7 down and connect to #8 Page 2: We would like to remove #36 and connect #35 to # 37 We would appreciate your help in this matter. Yours truly, w E G Dale - - - - -- i,oiner): -- I that the boundaries not surveyed are clearly indicated as drawn from information found in Book— SEE MAP ---- - - - - -- I _ - ' N0. L 3259 page —_ SEE MAP _ _; that the ratio of precision as cal - - ��- - - =�1� ' culated is 1: 10,000 ; that this plat was prepared 1 / in accordance with G. S. 47 -30 as amended. Witness my ' original signature, r i tration number and seal this ' _4-r-L -day Of - -_ -, A. D. Z.®1+ Seal or Stamp Surveyor:_.__ 4__k4_Uv4A 1 �,.0VA CARD ,,° Registration Number: L - 3259 I IPF I W e SEAL *- ® / S e L-3259 14 ��; 19.6' RBC I I 112' IPF 29!° 6'2g ®� ®� o° `ST ?O. SUR�F� ®® N/F f / ��; E. G. DALE, et ux 1 62' °o �F°iyE• ..... '0F ® ®e DO 1854 PC Y�ySE ' N R. a® NOT i0 SCALE I /2' IPF MB 22 PG 270 J MB 70 PG 86 I 1 S MB 6 PG 27 e I / 7 g) RBC 568..98 RBC RBC 14 / 10 12 RBC 52 --co, IPF RBC RBC 13 AC I '/2" I PF ' N/F � RBC RBC 19 � D & H INVESTORS, INC RBC (� 15 ' 20 RBC (FORMERLY MAINTENANCE, INC.) \I� RB D8 1340 PG 1405 DM8270 PG 853 NORTH CAROLINA RBC 18 a: M8 70 PG 86 DEPARTMENT OF TRANSPORTATION � I��? RBC � f CONSERVATION EASEI � '�_ � $' t; � � , RL� I Q DB 1428 PG I25 k I ' 0 1 "°J DMB X22 Pc 42 R 17 � j 2 1 I RBC RBC IPF I RBC ' I IPF IPF i RBC 1 126 [l(1�27yy¢ j J l f ' V! RBC IPF N/F 9 ®' IPF IPF 130 / �V C 'E. G. DALE, et u IPF - DO 1854 PG 26 13i / MB 2� PG 270 I MB 70 PG 86 IPF \ �� T /ON /� t I MB s PG 27 133 �` \ 30 116 ? 2 RBC 134 IPF \ Jq P 155 /IPF / IPF RBC IPF 2 9 \ B� �6 5�3 / IPF 117 C 135 .� IPF IPF 139 1 / 7 -2 iPr_ LEG'EA L# _ -- — Lir. Tie DB De PC — Po MB — Ma CMF - Co. IPF — s1 RBC — 54 ; IRF lroi CP — Cal, NlF No, 52 --co, IPF RBC RBC 13 AC I '/2" I PF ' N/F � RBC RBC 19 � D & H INVESTORS, INC RBC (� 15 ' 20 RBC (FORMERLY MAINTENANCE, INC.) \I� RB D8 1340 PG 1405 DM8270 PG 853 NORTH CAROLINA RBC 18 a: M8 70 PG 86 DEPARTMENT OF TRANSPORTATION � I��? RBC � f CONSERVATION EASEI � '�_ � $' t; � � , RL� I Q DB 1428 PG I25 k I ' 0 1 "°J DMB X22 Pc 42 R 17 � j 2 1 I RBC RBC IPF I RBC ' I IPF IPF i RBC 1 126 [l(1�27yy¢ j J l f ' V! RBC IPF N/F 9 ®' IPF IPF 130 / �V C 'E. G. DALE, et u IPF - DO 1854 PG 26 13i / MB 2� PG 270 I MB 70 PG 86 IPF \ �� T /ON /� t I MB s PG 27 133 �` \ 30 116 ? 2 RBC 134 IPF \ Jq P 155 /IPF / IPF RBC IPF 2 9 \ B� �6 5�3 / IPF 117 C 135 .� IPF IPF 139 1 / 7 -2 iPr_ -w� i "ww e P, N/F E.G. DALE, et ux DB 1854 PC 26 MB 70 PC 85 MB 22 PC 270 MB 70 PC 86 MB 6 PC 27 Eol im / NOT TO SCA N RBC 36 RIP RAP SPILLWAY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION CONSERVATION EASEMENT DB 1428 PG 1259 1313 1337 PG 888 MB 22 PG 42 2 C) I w B C Lu RBC RBC 38 RBC @ -1 a 44 n43 - ZI RBC '12' IPF IN � DITCH 402 -- RBC 0 41 RBC R13C 106 O ITNSE� RBC NOT CALE CONSERVATION EASEMENT RBC LINK TOTAL AREA=16.357 AC. d- , FENCE 0 112 IPF N SCALI-l", IPF 103 09 RBC IPF IPF R B_G, 000 "Z Ipi- 9 R 9 IPF 101 ' 0 108 107 P 11 IPF '(006 5 . IPF Ip '102 IPF 105 C" IPF C) —Z Ws 11611?001( ----1 pin IPF F IPF I IPF V56 53, PC 470 IPF IPF Vk 67 LC T1011 of! F) F*J� B" EASTBROOK ESTATES 6 6 HOME OWNERS ASSOCIATION, LLC Z\y (COMMON AREA 65 CAS1z-5fi)o�,x- IPF 0 DB 2636 PC 736 &/�g 3J� PC, J14 Av 00 P�- P r 9> 64 1141 .70 all I IW9 J2, 2-9 > N/F F OAK LAWN CEMETERY DB 162 PC 364 JEFFREY STOKES DR/ 71 2.66 1/p I F --\ / 7 IPF TABLES OF METES AND BOUNDS 21 z I- t,l -411 RBC M \,5' NWR hW04 a Acre tract, sw1o; at tN Miming tbme• h cnt 3, m, d)n eltektlt►. WIN 7'4 Par Jett t ' to 111 ?bill;, .ml e, Table 'I WIN A. h LINE BEAMING IDISTANCE LINE BEARING DISTANCE If 0,12,14,El 74.11' L1 103144'05'11 31.60' l2 IA-42'1 33,05, u 1421111201111 41.31 L3 N15'13'32'1 109,66' u 1177'07'10'1 11.29' U WHIM 08,19' U . 270141138'1 33.60' t1 NUTH111 '6 190,0: 1.5 146135113.1 31606' l0 11!2'43'90'1 113,61' Le 611'20'17.1 •52.93' L7 613'19'22.5 98,90' L7 6281!6'64'5 35.59' Le 1161'►e'¢7'E 46,1!' KID' Le L9 124 51'!5'1 31'! 3'11 41.e6' 43,34 L9 N19'10'O7'f L10 fl62'10'02'9 MAL' LID 63848171 39.78' LU X49115102111 71,48' UI 111997123.11 82,10' L12 Ill"111 101,91' it 0111141 74,04' L13 187'58'03'6 45.54' L!3 870 5 121'11 65191' !4 11sm"El a.pril LH 988121641 27.28- US 84001V I SU11 US N1844131 10,38' LIS 639' 4'38'1 1 03.02-1 US N2277'49'F 21.30' L ►7 1114191011 116,87-1 Lit 1121-510-031 21,16' Lie 1114'56.73'6 70,55' US NO6'21 -47.1 50,84' Lill 8714 4'67'1 11,19' L!9 195'57'15'1 CID' L90 9051181 75,85' L20 389134001 27.67' 611 MTV '111 51,88' L21 671'30'47'11 22,83' L92 655'34'30'6 119.36' 12 me-d-21-11 83,01' U3 347'12'30 6 1 75,17' L93 11081541'f 41,10' U4 667'19'32'6 75.0 N0314410INI 63,43' L15 986"31111 10.25-1 L95 N049943'11 17.25' L16 97JU,49 "E 31,42' L16 Nti'06'14'11 1'6,47' IV 378144141 73.01' U7 11234051541E 34, 17' L28 N54'15121 30,37' L11 0.06 -28 -E 42,81' L12 844,41, 'El 55,04' L19 R05'Di'34'E 57.01' L30 6034104344E 18,40' L30 657'80'75'11 38.08' u1 Sle'00'47'E 98.! ' ul N07'o6'05'F 70.37' U2 5701301931E 135.9!' L32 N34'52'111N 68150' L33 Nu' ►1'02'1 .55.75' u3 H4610 -49'11 83.97' L34 871'1!'!7'1: 32,33'11 Ni 33431'11 04.50' L36 3145 68'311•' 0;364. 1109 '10'11 L33 303M. 11'1 '81.511' LU IRl ,45 U7 164 33'73'1. 51.131 L37 1139'1 WI 117,04' 1,31 82317 "41'11 30.91' u1 N25a1'031 99,17' L39 957'14'42'11 49,12' Ul 1152704e11 49,81' L40 69012151 29,94' L40 11791111111 87.09' L41 48'57'15'6 65.07' Ui 1419'le'!01 72,34' L42 1171111i'El 17.18' .1.42 1145'06'1!'11 02, t0' L43 113953181 69,35'1 L43 N11'4012'11 33.01' L44 mi WWII 69.001 L44 NO 18151 62,40' U5 1074914424E 76,99' L47 1111'13'04'11 37,59' L461 SJIT VE1 77.79' U1 14714151 44,09' L471 110011177 97,77' 1.47 151'47'!0 "N 55,79' L45 805'11'11 "F 83.16' U1 NO 98,111' U9 822'23'42'6 112,59' U9 NO-37-46 -N 58.89' 1.60 N5691'41'E 103.01' L70 1177'4114!'11 116,22' L.Oi S5113111 35.20' L91 R5l72151 54,14' L52 137'E7'45'E 15,1i'l L52 1156'441041 84,08' In simmil 47.'45' I L53 R51'1 ere l2im Leo 6! '!4►'li'N 45,15' LU MB- 22 -37 -N 48,01' Lml 812'34'16.6 16,05' LOS 307411434 95.93' 1171 143111 66151 IN 302141109.11 76.451 L57 804'33'48'11 89,79' L57 R74'11'45'11 , 65 21' IN 1163'84'091 97.06' IN 111290'44"1 131.60' Li19 810'57'57'11 43,00' 369 1 1114110130111 46.33' Leo 8151 WEI 17,231 1 118997174 27.29' Lei !990'91'1 11. U' Lei 17193'35.1 45,77' L62 30112174 24.471 IN N Vil"I 71.17 83195'341 AR.31-1 L63 1107'!4'!9'11 38112' LUI 3131140 40,29' N78'10'39'1 U. it, entedrrHr pto acrd Alit 'r no L1N: k Wm it g 1N 1111l is tN CaatdllN lntantetlM at WM t0Al�'of 0149 At.. MJWj 41411( 16 rNag ' ltefe.j tt a 48 11 in L paid onr g a' t Inr h tht M 451 4514 a eraaak fact a eeM'3e' E al.ao' to tat Mlmlnr Aft. Mieery Roe i SR 1426 r 60' " N paved t •not in tract 7't •not in tract 1.aat,a SITE ; I' .l,Nl,� SWIM. IIT i , M tq� i tsar A it �ti +sAy Railroad """ nr , lrrW �'r I �ezre 6. Dale 99.6 Acre total acre r� tract ' 0 IhtJxMe lAa 1 � Iy ♦ �1 • e�aTgd � � � . • Ibinlle &'ench � �, b large canal Table 1C' LINE BEARING IDISTANCE 1 UPSWIll 88,49' cialitMr'� 4 to y L1 34411.27.11 97.50' 3.545 Dena 41 I u 979'31'091 37.65' aL es h. LB 872VII11 175.61' ae" awry Do M' Net No No ee' u 93194'19.11 58.ie' L7 31 49.59'5 u 323 1'di'11 1 Ezra S. Dale u 1147 '43'11 515'.:45P ' I7'j L1 114598'00'11 133,35' Lincoln Reed I. SR 1455 � so. AM V PAW "The Powell Branch Tract" II CARp4j� AN far i' I a SEAL o L� Ecosystems Land Nn /paN I Mitigation 1 tri it m Bank Corporation I� dLOW X 1 .- k krt M„ VONI k VNn A AE 1e.. 1 by kN 1•,410. I I . ;. kl.: !7'A t7' ewrxm A. o-lN. !U dale kAl. 1011 i I � LN 111 1. Irl old It It l ptM,nIt 1Mt�t l 1111" e, l�i prior E" e. Vale 0513' 1, 0111100 ! rak t i'fini70 leM ly IN " w NatlaMl n 1,4E Acres +/- by o unth awn o-1N SL{, I �tNfIC� 5 AC me) W)1 WMek'4 1M giant , 45145 /5145 W1umn hmm t4 AV br1nR 11 AW. to q� I '. LkvlgaR .0 p!, 1513 l/.fh A ►4� I !�� 2d0r :06p C 411)4 1/ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 IN REPLY REFER TO September 15, 2000 Regulatory Division Action ID. 199403552, TIP 'R- 2633C, Wilmington Bypass lV1.r. V.,' Hiiani. D. Gilmore, P.E., Manager Project Develor me-ty _arid Environmental Analysis Branch Carolina D(-.!pai,tment of Transportation Post Office Box 252-1") f I:alc:.ig�, North (tam iria 27611 -5201 ;Dear Giilljo e: In accordance with tl"le written request of January 21, 2000, and the erlsciing administrative record, enclosed is a perrrlit to construct the CA, CB, and CC Sections of the Wilriiington 'Bypass, front I -40 to JS 1-1 ghway 4121, in.cludi.ng a new bridge over the Northeast Cape Fear ttivvi, (TIP R- 26330), `''y itiilingtorl, New Hanover 14,ounty, North Carolina. if any change in the authorized work is required because of unforeseen or altered conditions or for any other reason, the plans revised to show the change must be sent promptly to this office. Such aciion is necessary, as revised plrrs roust be reviev-red and the permit rnodified. y011JI 7 rlll.:t. :I'h,. ,,enoral `Ca nd. special conditions dCe 11"Cll)Ortallt, YoUir faiill;re to comply with these conditions could i,�6ult iii. a violation of Fedeial law. Certain significant general conditions fequire "that: a. YOU must ,.;on:pletc construction before Decen)ber 31, 2003. b. You nn List r10tify this office irl advance as to when you intend to con rnence and complete work. C. YOU LCU16t �illOW it p-1-e'.iidltative5 from this oftiCe to nlalce periodic visits to your worksite as deemed necessary to assure compliance with peri-nit plans and conditions. Should you have any questions, please contact Mr. Scott McLendon of our Wilmington Regulatory Field Office, telephone (910) 251 -4725. Sincerely, James W. DeLony Colonel, U.S. Army District Engineer Enclosures Copy Furnished (with enclosures): Chief, Source Data Unit NOAA/National Ocean Service ATTN: Sharon Tear N /CS261 1315 East -West Hwy., Rm. 7316 Silver Spring, MD 20910 -3282 Copies Furnished (with special condition and plans): Mr. Garland B. Pardue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636 -3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW s Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center - - - - Raleigh, North Carolina 27699 -1638 Mr. Ronald E. Ferrell, Program Manager Wetlands Restoration Program Division of Water Quality North Carolina Department of Environment and Natural Resource 1619 Mail Service Center Raleigh, NC 27699 -1619 2 DEPARTMENT OF THE ARMY PERMIT Permittee NC DEPARTMENT OF TRANSPORTATION Permit No. 199403552 Issuing Office CESAW -RG -I, NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the coirimanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To construct the CA, CB, and CC Sections of the Wilmington Bypass, from I -40 to US Highway 421, including a new bridge over the Northeast Cape Fear River, (TIP R- 2633C), Wilmington, New Hanover County, North Carolina. Project Location: From I -40 to US Highway 421, including anew bridge over the Northeast Cape Fear River, (TIP R- 2633C), Wilmington, New Hanover County, North Carolina. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2003 If you find that you need more time to complete the authorized activity, submit your request for time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 1 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. i 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit; Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This pennit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing tlus permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or impermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. 2 e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your `permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by thus office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of tlus time limit Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit: 1 S (TERMITTEE) NORTH CAROLINA DEPARTMENT OF TRANSPORT TION DATE) This per bec mes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. �(DISTRICT ENGINEER) I S W. DeLONY, COLONEL (DATE) /5hen the structures or wor authorized by thus permit are still in existence at the tune the properly, is transferred, the terms conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below: (TRANSFEREE) (DATE) 3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717 -425 SPECIAL CONDITIONS a. All work must be performed as shown on the attached plans, which are a part of this permit. b. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable water; the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. c. The permittee shall require its contractors and /or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project with a copy of this permit. d. The temporary placement or double handling of excavated or fill material within waters and wetlands is not authorized: e. All fill material shall be immediately stabilized and maintained to prevent erosion and sedimentation into adjacent waters and /or wetlands. f The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relived of this requirement if he abandons the permitted activity without having it transferred to a third party. g. No attempt, will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. h. Compensatory mitigation for the unavoidable impacts to 100.3 acres of pocosin and wet pine flat wood wetlands and 2.3 acres of headwater forest shall be accomplished by development of the Eagle Brunswick Mitigation Tract in accordance with the Revised Compensatory Mitigation Plan for the Eagle Brunswick Tract, dated July 21, 2000. 1 1 i. The permittee shall maintain the Eagle Brunswick Tract in its natural condition, as altered by the mitigation plan, in perpetuity. Except as authorized or required by the mitigation plan, prohibited activities on the mitigation property include, but are not limited to, filling, grading; excavating; earth moving of any kind; construction of roads, walkways, buildings signs, or any other structure; any activity that may alter the drainage patterns on the property; destruction, mowing; or other alteration of vegetation on the property; disposal or storage of any garbage trash, or other waste material. In addition, the permittee shall take no action, whether on or off the mitigation property, which will adversely impact the wetlands on the mitigation property. j. Condition (i), above, runs with the land. The permittee shall not sell, lease, or otherwise convey any interest in the mitigation property without subjecting the property to legally enforceable restrictions on the use of the property, to ensure its preservation, approved in writing by the Wilmington District Corps of Engineers. k. The permittee shall record this permit in the Brunswick County Register of Deeds, in such a manner that it appears in the chain of title for the mitigation property. 1. Compensatory mitigation for the unavoidable impacts to 22 acres of bottomland hardwood wetlands and 5,578 feet of stream channel shall be accomplished as follows: 16.5 acres of wetlands and 2,640 linear feet of perennial stream shall be restored as described in the Revised Compensatory Mitigation Plan for the Rowell Branch Tract, dated July 21, 2000. m. The permittee shall maintain the Rowell Branch Site in its natural condition, as altered by the mitigation plan, in perpetuity. Except as authorized or required by the mitigation plan, prohibited activities on the mitigation property include; but are not limited to, filling; grading; excavating; earth moving of any kind; :construction of roads, walkways, buildings signs, or any other structure; any activity that may alter the drainage patterns on the property, destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage trash, or other waste material. In addition, the permittee shall take no action, whether on or off the mitigation property, which will adversely impact the wetlands on the mitigation property. n. Condition (m), above, runs with the land. The permitte shall not sell,` lease, or otherwise convey any interest in the mitigation property without subjecting the property to legally enforceable restrictions on the use of the property; to ensure its preservation, approved in writing by the Wilmington District Corps of Engineers. o. The permittee shall record this permit in the Brunswick County Register of Deeds, in such a manner that it appears in the chain of title for the mitigation property. 2 P. The permittee shall make payment to the North Carolina Wetlands Restoration Program (NCWRP) in an amount determined by NCWRP, sufficient to perform 7 acres of bottomland hardwood wetland restoration in the Lower Cape Fear River basin (Hydrologic Unit 03030007). Construction within wetlands shall begin only after the permittee has made full payment to the NCWRP, and the NCWRP has provided written confirmation to the'Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. q. The permittee shall preserve the 176.0 -acre tract referred to as the "Dreyfors North Uneconomic Remnant" in its natural condition in perpetuity, Prohibited activities on the mitigation property include, but are not limited to, filling; grading; excavating; earth moving of any kind; construction` of roads, walkways, buildings signs, or any other' structure; any activity that may alter the drainage patterns on the property; destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage trash, or other waste material. In addition, the permittee shall take no action, whether on or off the mitigation property, which will adversely impact the wetlands on the mitigation property. , r. Condition (q), above, runs with the land. The permitte shall not sell, lease, or otherwise convey any interest in the mitigation property without subjecting the property to legally enforceable restrictions on the use of the property, to ensure its preservation, approved in writing by the Wilmington District Corps of Engineers. s. The permittee shall record this permit in the Brunswick County Register of Deeds, in such a manner that it appears in the chain of title for the mitigation property. t. The permittee shall make payment to the North Carolina Wetlands Restoration Program (NCWRP) in an amount determined by NCWRP, sufficient to perform 8,516 linear feet .of warm water stream restoration in the Lower Cape Fear River basin (Hydrologic Unit 03030007). Construction within streams shall begin only after the permittee has made full payment to the NCWRP, and the NCWRP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998: u. Compensatory mitigation for permanent impacts of 1.9 acres and temporary impacts of 2.1 acres of tidal freshwater marsh and tidal freshwater swamp forest shall be accomplished as described in the Revised Compensatory Mitigation Plan for the McIntyre Tract dated July 21, 2000. The location of the 8 -acre restoration area is shown on Attachment "A 3 v. If, during the first five years of monitoring of the McIntyre Site, giant reed (Phragmites australis) threatens the survival of planted species, the permittee shall implement control measures, acceptable to the District Engineer, to ensure survival of planted species. w. The permittee' shall maintain the 8 -acre restoration site as shown on Attachment "A' in its natural condition, as altered by the mitigation plan, in perpetuity. Except as authorized or required by the mitigation plan, prohibited activities on the mitigation property include, but are not limited to, filling grading; excavating; earth moving of any kind; construction of roads, walkways, buildings signs, or any other structure; any activity that may alter the drainage patterns on the property; destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage trash, or other waste material. In addition, the permittee shall take no action, whether on or off the mitigation property, which will adversely impact the wetlands on the mitigation property. x. Condition (w), above,, runs with the land. The permitte shall not sell, lease, or otherwise convey any interest in the mitigation property without subjecting the property to legally enforceable restrictions on the use of the property, to ensure its preservation, approved in writing by the Wilmington District Corps of Engineers. y. The permittee shall record this permit in the Brunswick County Register of Deeds, in such a manner that it appears in the chain of title for the mitigation property. z. All construction and planting at the 8 -acre site as identified in special condition (w.) above shall completed no later than January 1, 2001. aa. The relocated stream at site "Z ", as shown on the attached plans, shall be revegetated with smooth alder, sweet pepperbush, elderberry, biackgum, yellow poplar, overcup oak, and green ash. bb. The relocated stream at site "0 ", as shown on the attached plans shall be revegetated with smooth alder, sweet pepperbush, elderberry, pond pine, long -leaf pine, loblolly bay, and atlantic white cedar. cc. The relocated stream at site "M", as shown on the attached plans shall be revegetated with smooth alder, sweet pepperbush, elderberry, pond pine, long -leaf pine, loblolly bay, and atlantic white cedar. dd. Rip -rap will only be installed around bents 37 through 39 and 50 through 52 of the permanent Northeast Cape Fear River Bridge. 4 ee. Excavated material from the cleanout of Riley's Branch between Sidbury Road and Ramp "A" shall be deposited on high ground and exposed slopes replanted with smooth alder, sweet pepperbush, elderberry, blackgum, yellow poplar, overcup oak, and green ash. ff. No grubbing shall occur in wetlands adjacent to the Northeast Cape Fear River except at those locations where bridge foundations are located. gg. Absolutely no earthen material or stone shall be deposited into, or removed from, wetlands adjacent to the Northeast Cape Fear River during installation or removal of pilings to support the temporary construction bridge. hh. Installation of the permanent bridge foundations by any method other than drilled shafts with turbidity curtains shall result in a moratorium on any work within waters of the Northeast Cape Fear River from April 1 to November I of any year. ii. All land disturbing activity associated with the highway construction will be conducted in a way that prevents a significant increase in turbidity outside the area of construction or construction - related discharge. Increases such that the turbidity in the water body is 50 NTU's or less are not considered significant, jj. The permittee and its contractors and /or agents shall not excavate, fill, or perform mechanized land clearing at any time in the construction or maintenance of this project within waters and /or wetlands, except as authorized by this permit, or any modification to this permit. ; There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. kk. To ensure that all borrow and waste activities occur on high ground, except as, authorized by this permit, the permittee shall require its contractors and /or agents to identify all areas to be used to borrow material, or to dispose of dredged, fill, or waste material. The permittee shall ensure that all such areas comply with condition (jj.) of this permit, and shall require and maintain documentation of the location and characteristics of all borrow and disposal sites associated with this project. This information will include data regarding soils, vegetation and, hydrology sufficient to clearly demonstrate compliance with special condition (ii.) above. This information will be available to the Corps of Engineers on request. 11. No Sediment and Erosion Control measures will be installed in any waters or wetlands. mm. All conditions attached to the Section 401 Water Quality Certification are incorporated as conditions of this permit. 5 fat U .c 0 o16% � �l Io,V -TQ "%-n,00,o rrsosx�, Rfl TAX PARCEL #03900001 V�d rt ick County -- Register of deeds ® I o 0 0o aq J. Robinson Inst #65177 Book 1428Page 1 ?59 01/16/2001 04:37: 28pm Rec# STATE OF NORTH&oAROLINA COUNTY OF BRUNSW� THIS nFn I, m ,ered into this the ?2nd d4y of Deccmber, �� UV00 2000, by and between ECOSYSTEMS L ITIGATION BANK. CORPORATION, a Florida corporation, parry of the first part; and NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, having an address of One South WilmirxTton P. 0. Box 25201 i Ii. NC 27611 party of the second pmt o . vm�AA gilt T 14 That the parry of the Irst part in consideration of a donative intent and by way of gift to the parry of the second part, does convey as a gift unto the party of the second part, said party's successors and assigns, subject to the matter hereinafter specified, the following o described property, to�r�000 ��sof�Iand All th s parcel and easements lying amd beirtg��i ino °y��ior<h Carolina and being snore Particularly described azl °t- 3 (1) Neal - Eagle Brunswick All oie property described by the :7,he ed dated July 16, 1999 recorde ook 1318 office of the Register of Deeds of B ] Caroline H. Neal and husband, Chart s rEcosystMitigation Bank Corporation, said dC eing i din by reference for A more perfect description of said property. (2) Dale - All o�� roperty described b � eed from Ezra G. Dale and wife, Elr, oK- D o��and Mitigation Bank Corp i , I I, 1999 and recorded in Book 1337, Page � o tllAii eof .deeds of 5=swick County, said deed be%i aced herein by reference for a f e d nt f 'd more pci ct escptorl o sar property. rr L BY J!r`iiJ TOTAL REV��.. TC#�® 03°) Cj ° (� (� t o REC #, CK AMT CK �o Q C) �� • �� CASH - -�.- REF-- BY �000�0000000, Inst # 65177 Book 1260 (3) %,M clntyre - All of theme �+ the deed from Kyle McIntyre to Ecos s' s ttigati rppr�tisan doted August 31, 1999�id recorde "�')g, Page 4 in the office of the Register of Deeds of Br=swickz- County together with all right, title and interest of the parry of the first part in the property described by deed from Kyle McIntyre to Ecosystems Land Mitigation Bank- Corporation dated August 31, 1999 recorded in Book 1328, Page i The office of The Te un of Deeds of Brswick County, sadee i n herein by reference for a mor �io s o o arty. (4) I�owell's Branc. 'YQZAll All That certain easemem and rights described by deed from Ezra G. Dale and wife, Eleanor H. Dale and D &H Investors, Inc. to Ecosg, ems Land Mitigation Bank orporation dated OcTober 21, 1499 an orded in • e 888 in the office of the Register # County, s4id deed being i=0 ref /a more perfect description of said e ement. 0�GS�� This conveyance is made together with all easements, appurtenances and rights conveyed to the party of the first part in each of the aforesaid instruments. This conveyance is made subject to ea ts, reservations r etlolns of record affecting the aforesaid e to any agreernents between the tl; a oe o arty. TO7AJV�.F AND , � property and all privileges and a pp urenances Thereunto belonging To the party of the second part, said party's successors and assigns forever. And the parry of the first part does covenant that said party is seized of said property in fee and The right to convey same i fee simple; that the same is free from encumbrances except�an� cu reservations and rights of entry mentioned above and that saidnt andfe title to the same against the lawful claims of all persons whomsoever. xEC010 OFPOOR QVAL DV E TO CONDITION OF ORIGI ORIGINAL //110o__ Inst # 65177 Book 1428Page`iMl IN TESTIMONY VWHER.EOF, the of the first part has caused this ins= -nent to be executed r in 'd orm as to be hindi4g, all by authority of its Board of Directors fi s , � zs the e �° ear first above written. ECOSYSTEMS LAND MITIGATION BANK CORPORATION Accepted thisZe NORTH CA_R.OLIN" AR TRANSPORTATION, an asency oI North Carolina 00 01, � f�o'►'oAo ' o, �i a c S F K p Inst # 65177 Book 1428Page: 12yQQ RECORD OF POOR QUALITY DUE TO CONDITION OF ORIGINAL STATE Of COUNTY OF v� ��v ✓ I, , a Notary Public in and for said County and tale, do here an the z- ay of Gee z ✓ , 2000, before me personally appear with whom I am perso ly Tainted w o, eing by me duly sworn, says that he is le President and that r _ is Secretary of ECOSYSTEMS LAND MITIGATION ,BAND, CORPORATION, the corporation described in and which executed the foregoing instrument; ` t he knows the , =, of said corporation, that the seal affixed to the fore Ding instr ze t Is , r e ame of the co oration was subscribed thereto by the said �cl�nt; the �i� President and _Secretary subscribed their n ereto ommon seal was affixed, all by authQrity of the Board of Directors of said corporation; arm the said instrument is the act and deed of said corporation,. 2000 WITNESS my hand and notarial seal, this the ( day of PC vbo Notary Public My Commission Expires: �4 V 'Au E 7210 M1 00'ass10N 252002 2 dfiNN�—�/ STATE OF NORTH CAROLINA Inst 1 65177 COUNTY OF WAKE Hook 1428Page: 1263 %11' This the om day of 4 gz&00, personally appeared before me, no��c��aa ot� G _ GQ L:.� yf ,; 2 ary P� °d�� County and State, Tammy Denning, who being by me duly sworn, says that she knows the Seal of the Department of Transportation and is acquainted with A. D. Allison, II, who is Assistant Manager of Right -of -Way of the Division of %11' Highways of said Department, and th�dt4e, th is the Secretary to the Board of Transportation and Custodia th 4, e I,epartmeni of Transportation, and saw said Assistant Manager of Right -of -Way sign the foregoing instrument, and that she, the said Secretary to the Board of Transportation and Custodian of the Seal of the Department of Transportation, affixed said seal instrument and d her name 'j1�a of the execution thereof in the presence of said Assistant Mana�, t� ay. WITNESS my hand and Notary Seal, this the c;i� day of �Q [NOTARIAL SEAL] My Commission expires: SQ, p T e ,h d Lk gj �?- as Z S \j o . wag Inst # 65177 Hook 1428Page: 12 � P YQOgQ STATE OF NORTH CAROLINA °�t%��Q COUNTY OF The foregoing Certificate(s) of Is/ are certified to be correct. This instrument and this certificate are duly registered at the date ��o STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK G CREECH JR The Foregoing (or annexed) Certificate(s) of Notary(ies) Public is (are) Certified to be Correct. 16th January This Instrument was filed for Registration on this Day of —92001 in the Book and Page shown on the First Pape hereof. --t?_I _ L-te �:->k" Xl J. R00IN90N, Register df Deeds OOA E ��o��01b �� n MICHAEL F. EASLEY ATTORNEY GENERAL Mr. C.H. Pope, Jr., Esquire Ward and Smith, P.A. P.O. Box 867 New Bern, NC 28563 -0867 STATE OF NORTH CAROLINA DEPARTMENT OF JUSTICE January 3, 2001 6"n-4- 2. REPLY To: Fred C. Lamar Transportation Section VIA FACSIMILE AND U.S. MAIL 252.672.5477 RE: Receipt and Acceptance of Deeds of Gift Deed to Neal -Eagle Brunswick Tract, Dale Tract, McIntre Tract and Easement for Rowell's Branch Tract (all in Brunswick and New Hanover Counties) Dear Mr. Pope: This is to confirm the receip, and acceptance of certain deeds of gift given by Ecosystems Land Mitigation Bank Corporation ( "Ecobank ") to my client, NCDOT. These deeds of gift were accepted by NCDOT on December 28, 2000 by signature of the Assistant Manager of Right -of- Way, Mr. A. D. Allison, II. The aforementioned Deeds of Gift include a deed of gift of three tracts of land and one deed of gift of an easement, copies of which are enclosed. This letter also confirms that NCDOT provided no goods or services in consideration for the aforementioned gifts of property. The donated properties will be used for public purposes, as wetland mitigation sites for NCDOT. I have requested that NCDOT record the originals of the enclosed documents, and I will forward copies of the recorded instruments to you after they have been returned to me. At your earliest convenience, please provide me with the contact name and address for Sustainable Forests L.L.C., the Grantor of the "First Amendment. to Right of Way Easement" dated October 13, 1999 and recorded on October 21, 1999, Book 1337, Page 878, in Brunswick County, Register of Deeds. According to the aforementioned right of way easement, NCDOT will have to provide Sustainable Forests with notice that NCDOT is an assignee in interest to property rights from Ecobank. MAILING ADDRESS: TELEPHONE: 919 - 733 -3316 LOCATION: DEPARTMENT OF TRANSPORTATION FACSIMILE: 919 - 733.9329 TRANSPORTATION BUILDING ATTORNEY GENERALS OFFICE 1 SOUTH WILMINGTON STREET 1505 MAIL SERVICE CENTER RALEIGH, NC 27601 RALEIGH, NC 27699 -.1505 Mr. C. H. Pope, Jr., Esq. January 3, 2001 Page 2 If you have any questions or comments con ' cerning this communication, please do not hesitate to contact me at (919) 733-3316. With best regards, I am Very truly yours, Fred Lamar Assistant Attorney General Enclosures cc: John Williamson, ROW Doug Allison. ROW Bill Gilmore, PDEA Gordon Cashin, PDEA v S 0 K 7 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DEED OF GIFT, made and entered 'trio This the 22nd day of December,. 2000, by and between ECOSYSTEMS LAND MITIGATION BANK CORPORATION, a Florida corporation, party of the first part; and NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, having an address of One South Wilmington Street, P. 0. Sox 25201, Raleigh, NC 27611 party of The second part; WITNESSETH: Thai the party of the first part for and in eoxisideration of a donative intent and by way of gift to the party of the second part, does convey as a gift unto the party of the second part; said party's successors and assigns, subject to Che matter hzrrinafter specified, the following described property, to wit: All that certain tract or parcel of land lying and being situate in New Hanover County, North Carolina and bei.tib more particularly described by deed from Kyle McIntyre to Ecosystems Land Mitigation Bank Corporation dated August 31, 1999 and recorded in T3ook 2636, Page 773 in the office of the Register of Deeds of New Hanover. County, Also conveyed is all right, title and interest of the part of the first part in the property described by the deed from Kyle McIntyre to l;cosystems Land Mitigation 13ank Corporation dated August 31, 1999 and recorded in Book 2636, Page 780 in the office of the RZ gister of Deeds Qf New Hanover County and the property described by deed from Kyle McIntyre to Ecosystems Land Mitigation Baal: Corporation dated August 31, 1999 and recorded in 13ook 2636, Page 767 in the once of the Register of Deeds of New klanoveT County, Each of the aforesaid deeds is incorporated herein by reference for a description of the property conveyed, This conveyance is made together with all easements, appurtenances and rights conveyed to the party of the first pars in each of the aforesaid instruments. This conveyance is made subject To easements, reservations and restrictions of record affecting the aforesaid property, if any, axed subject to any agreern=Ts between the parties regarding the above property, TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said party's successors and assigns forever. 0 S 0 And The party at The first par, does covenant That said party is seized of said property in fee and has the right to convey same in fee simple; that the same is free from encumbrances except =y encumbrances, restrictions, reservations and righTS of entry inenTiored above and that saki party will warrant and defend the title ID The same against the lawful claims Uf all persons whomsoever. IN TESTIMONY WHERF-OF, the parry of the first part has caused this insTr=ent to be executed under seal and is such form as to be binding, all by authority of its Board of'Directors first duly given, this the day ar}d year first above written. ECOSYSTEMS L,ANZ) MITIGATION BANK CORPORjTION By; vt%rc� 'c President Attest: Secretary Accepted this Z8 d y of 2000, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina B Y: (SEAL) T' Manager of Rieht- of -Wav Branch ATTEST: NOHOW S ARY TO THE OF TRANSPORTATION AND CUSTOD OF THE SEAL OF THE DEPARTMENT OF TMSPORTATION STATE Of r1 o COUNTY OF Notary Public in and for said County and State, do hereby certify that on the 2- da of / F'Cc 2000, before me personally appeared rv`i / %�;,� �, -�,I" with whom I am pMally a quainted,who being by me duly sworn, says that he is �� President and that I is _ Secretary of ECOSYSTEMS LAND MITIGATION RANI! CORPORATION, the corporation described in and which executed the foregoing instrument; that he knows the common seal of said corporation; that the seal affixed to The foregoing instr erlt is said common seal; that then_ ame of the corporation was subscribed thereto by the said ice. ?Tosidem; that the said ' Piesident and Secretary subscribed their names thereto and the said common seal was affixed, all by authority of the Board of pirecwrs of said corporation.; and that the said instr=ent is the act and deed of said corporation. 2000. K S u WITNESS my hand and notarial seal, this the 2- ( day of ��Ce�, Notary Public My Commission Expires: :rte p. DEAN MURDO�K OMMISSION R CC 72783 MY C �• EXPIRES: Marc de eom � a+�� MdThtuNotW STATE OF NORTH CAROLINA COUNTY OF WAKE This the day of 1 G L /lt 8 (=/2-_ . 2000, personally appeared before me, ,off: C A t-= ca a Notary Public for said County and State, Tammy Denning, who being by me duly sworn, says that she knows the Seal of the Department of Transportation and is acquainted with A. D. Allison, II, who is Assistant Manager of Right -of -Way of the Division of Highways of said Department, and that she, the said Tainmy Denning, is the Secretary to the Board of Transportation and Custodian of the Seal of the Department of Transportation, and saw said Assistant Manager of Right- of -Wav sign the foregoing- instrument, and that she, the said Secretary to the Board of Transportation and Custodian of the Seal of the Department of Transportation, affixed said seal instrument and signed her name in attestation of the execution thereof in the presence of said Assistant Manager of Right -of -Way. WITNESS my hand and Notary Seal, this the oZgR day of e- r- - n3GL/L , 2 0 0 0, [NOTARIAL SEAL] My Commission expires: -SEPT rt N18 ARY PUBLIC 4 STATE OF NORTH CAROLINA COUNTY OF The foregoing Certificate(s) of Is/ are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By Deputy /Assistant - Register of Deeds } C-3 10K S r U N STATE OF NORTH CAROLINA. COUNTY OF BRUNSWICK TI-IIS DEED OF QIFT, made and entered into this the 22nd day of Deccmber, 2000, by and between ECOSYSTEMS LAND MITIGATION BANK CORPORATION, a Florida corporation, party of the first part; and NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, having an address of One South WilmirMcn Street P. 0. Box 25201, Raleigh NC 27611 party of the Second part; WITNESSETH: - That the party of the first part for an in consideration of a donative intent and by way of gift To the party of the second part, does convey as a gift unto the party of the secorld part, said party's successors and assigns, subject to the matter hereinafter specified, the following described property, to wit: All those certain tracts or parcels of land and easements lying and being situate in Brunswick County, North Carolina and being more particularly described as follows: (1) Neal - Eagle Bruriswiek All of The'roperty described by the deed dated July 16, 1999 recorded in Book 1318, Page 1424 in the office of the Registez of Deeds of Brunswick County from Caroline H. Neal and husband, Charles R. Neal to Ecosystems Land Mitigation Bank Corporation, said deed being incorporated herein by reference for a more perfect description of said property. . (2) Dale - All of the property described by the deed from Ezra G. Dale and wife, Elcanor H. Dale to BcosysTems band Mitigation Bank Corporation dated October 21, 1999 and recorded in Book 1337, Page 883 in the office of the Register of Deeds of 3ru.nswick County, said deed being incorporated herein by reference for a more pt ;rfecT description of said property. V r (3) McIntyre All of the property described by the deed from Kyle .McIntyre to Ecosystems Land Mitigation Bang; Corporation dated August 31, 1999 and recorded in Book 1328, Page 4 in ?she office of the Register of Deeds of Brunswick County together with all right, title and interest of the parry of the first part in the property described by deed from Kyle McIntyre to Ecosystems Land Mitigation Bard;. Corporation dated August 31, 1999 recorded in Book 1328, Page I 1 in the office of the ,Register of Deeds of Brunswick County, said deeds being incorporated herein by reference for a more per#'ect description of said property. (4) Rowell's Branch All that certain easement and rights described by deed from Ezra G. Dale and wife, Eleanor H. pale and D &H Investors, Inca to lcosystems Land Mitigation. Bank Corporation dated October 21, 1999 and recorded in Book 1337, Page 888 in the office of the Register of Deeds of Bruns.wicl County, said deed being incorpor4ied herein by reference for a more perfect description of said easement. This conveyance is made together with all easements, appurtenances and rights conveyed to the party of the first part in each of t aforesaid instruments. This conveyance is made subject TO easements, reservations and restrictions of record affecting the aforesaid property, if any, and subject to any agreements between the parties regarding the above property. TO HAVE AND TO HOLD said property and all privileges and appurtenances Thereunto belonging to the party of the second pan, said party's successors and assigns forever. And the parry of the first part does covenant that said parry is seized of said property in fee and has the right to convey same in fee simple; that the same is free from encumbrances except any encumbrances, restrictions, reservations and rights of entry mentioned above and that said parry will warrant and defend the title to the same against the lawful claims o2 411 persons whomsoever. 1) P J r s 0 K 'L IN TESTIMONY W1JER.EOF, the parry of the first part has caused this instrutuent to be executed under seal and in such form as to be binding, all by authority of its Board of Directors first duly given, this the day and year first above written.. ECOSYSTEMS LAND MITIGATION BANK. CORPORA.T10N By: President �~ Arrest: Secretary Accepted thisZe- day o 0000. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an aSency of the State of North Carolina By: (SEAL) Ti ana er of Rith.t,of Wav Branch AT EST: UWWM SECR Y TO THE EOAF� OF TRANSPORTATIM AID CUSTODIAN OF THE SEAL OF THE DEPARTMENT OF TRANSPORTATION 3 P a G S F K p STATE OF N COUNTY OF I, -- ,'� ! Gt-�` % %��1 ✓Gt > �C _ Notary Pi;blic in and for said Co=Ty and State, do hereby certify th on the Z- I day of - '-.7 '� e "- , 2000, before me personally appeared , 1A1-j COPY -�or' , with whom I am per ly ac ainted who, being by me duly sworn, says that he is f i � president and that '4- rv�'x'. _ is Secre4azy of ECOSYSTEMS LAND MITIGATION BAND. CORPORATION, the corporation described in and which executed the foregoing instrument; that he knows the common soal of said corporation; that the seal affixed to the foregoing instr exit .5 said common seal; that the naive of the Corporation was subscribed thereto by the said C President; that the said V t-L President and Secretary subscribed Their names thereto and the said common seal was affixed, all by authQrity or the Board of Directors of said corporation; and that the said instrument is the act and deed of said corporation, WITNESS my hand and notarial seal, this the day of PC-, 2000. Notary Public My Comrtaission expires: 1mK #CC7270 �� ,� MY COMM arch 25.2002 s .f I STATE OF NORTH CAROLINA COUNTY OF WAKE This the C��3 rfi day of _ 10e c L: /h d L /Z , 2000, personally appeared before me, GQL-\f c4f S Z , a Notary Public for said County and State, Tammy Denning, who being by me duly sworn, says that she knows the Seal of the Department of Transportation and is acquainted with A. D. Allison, II, who is Assistant Manager of Right -of -Way of the Division of Highways of said Department, and that she, the said Tammy Denning, is the Secretary to the Board of Transportation and Custodian of the Seal of the Department of Transportation, and saw said Assistant Manager of Right -of -Way sign the foregoing instrument, and that she, the said Secretary to the Board of Transportation and Custodian of the Seal of the Department of Transportation, affixed said seal instrument and signed her name in attestation of the execution thereof in the presence of said Assistant Manager of Right -of- -Way. WITNESS my hand and Notary Seal, this the oZ$'R day of be gt; /2_, 2000. N ARY PUBLIC [NOTARIAL SEAL] My Commission expires: -547e /Q C=2 4 STATE OF NORTH CAROLINA COUNTY OF The foregoing Certificate(s) of Is/ are certified to be correct. This instrument and this certificate are duly re`istered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By Deeds 5 Deputy /Assistant- Register of