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HomeMy WebLinkAbout20091236 Ver 1_Final Mitigation Plans_20121213RECEIVED DEC 13 2011 E , ftl#, rrm. mm APPENDIX A. MITIGATION PLAN FINAL MITIGATION PLAN — DECEMBER 2012 (Digital CD enclosed) APPENDIX B. CONSERVATION EASEMENT SURVEYS (Wilmington River Club aka `Sneeden Tract' and Dollar Properties Three aka `White Springs Tract') RESERVOR ` SHEET 4 OF 7 \\ �% VICINITY MAP °rr NO SCALE LOW LAND ''►. \ / IL I ! l { _ MARSH P INDIAN AVOyVy I `1 ` / �Qpt�y,� / 1/ NORTH CAROLINA r � Gam,, NEW HANOVER COUNTY L MICHAEL N UNDER DRAW4 UNDER MY SEPER �i 260 MlL7E RlVETR i / �/ �� / MADE UNDER MY SUP AS El eoUE0 B PLO PLO ESS MY NOW OR FORMERLY XXXXXX THOMAS NOW OR FORMERLY MAP CABINET 9N' PAGE 89 / WILMINGTON RIVER CLUB, LLC BOOK 2444 PAGE 0144 i FUTURE 60' WIDE BRIDGE / CORRIDOR EASEMENT, W 04 FORM Y CEDAR HILL CEMETERY MERRICC (REPORTED 710 BE IN THIS AREA) YC 238 PACE 7041 'NOT RECORDED' 1 J S� / THIS Ay A.D, 2012 / M/ ' J PLS. PL / uDE c -29s2 SEAL P CERTIFICATE INS SHEET 3 OF 7 ARE SURVEY OUEATES A SUBDIVISION OF LAND INAT AN I AREA OF A COUNTY THAT HAS AN ORDINANCE THAT 4 / REGULATES PARCELS OF LAND / MICHAEL N UNDERNOOD, PLS L -2962 \ NOW OR FORMERLY ��II R FUTURE 60' T � � WILMINC7ON RIVER CLUB, LLC I RI/ N1DE PIER ACCESS / / CERI/FICAIE MAP REVIEW OFFICER BOOK 2444 PAGE 0144 / CORRIDOR EASEMENT I ( �7UR£ NROPOSED /+ 0; / / , C RENEW OFFICER OF BRUdNSllKdK dti/ ; I RIGHT- aF-wAY / COUNTY, CERTIFY THAT INKS MAP OR PLAT TO NMCH INNS a 71& ACRES / / CERAfICAROH IS AFRWD ME£75 ALL STATUTORY REQUIREMENTS FOR RECORDING 0 % REVIEW 07M DATE THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THE LAND SHORN ON INS PLAT IS WIHIN THE SUBD/NSIOH REGULATION FRl?MCTTOV OF THE BRUNSWICK COUNTY AND THAT THIS PLAT AND ALL07MENT IS MY FREE ACT / / —�� /i''PARCEL B' / AND DEED / li (� CT `` �1 j / o �`F\ \ OWNERS SlGNA7URE CANT) / NOW OR FORMERLY ADDRESS HIGH RISE SERVICES, INC. \\ UNSWOC COUNTY) `\ _,: BOOK 547 PAGE 800 µemir TELEPHONE NUMBER a �` l -� �. / BOOK 2444 PAGE Of 44 �` /!� MAP CABINET P� 3BRUNSWCK COUNTY NOW OR FORMERLY �v\ /R0�° fir'f ly' PERFORMED BY' SHERWN D CR IBB, PLS. NILNINGTON RIVER CLUB. UC 0144 BO DATED A/LY 24, 1996 BOOK 2444 RAG: ROB' (Wig LAST REVISION DATED NOV 05, 2001 I SHEET 5OF7 I _ I NOTES I 1) THE SYUB.ECT PROPERTY IS ZONED - A -HM' I 2) A PORTION 0' SIBECT PROPERTY LIE WININ A SPECIAL FLOOD HAZARD AREA AS DEFINED BY THE FEDERAL EMERGENCY MM/AG 10ENT AGENCY SAID OESY:I BED PROPERTY lS LOCATED WINS AN AREA HAVING A ZONE DESIGNATION :AE_'(EL 7 / EL 8) AND 'i�(07HER FL 000 AREAS) BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON FLOOD INSURANCE R47F MAP PANEL NO 2199IK AND 3f09K. INIH A EFFEC77W DATE OF IDENTIFICATION OF JJAIE 2 FOR MAP NUMBER 372021990dC N BRUNSy11YL I COUNTY, TOWN or NAVASiA, AND MAP NUMBER ,�720310900K. IN NEW HANOVFR COUNTY, TOWN or AAYASiA6 STATE or NLIR�INA. WHICH IS IH£ CURRENT f% INSURANCE RATE MAP FLIR THE COMMUNITY IN NMCH SAID PREMISES IS STIU47ED .7) SURVEY AND MAP SUBECT TO ANY EASEMENTS OF RECORD. INFORMATION THAT WOULD BE DISCLOSED BY A CURRENT 777LE OPINION 4) CENTER LINE Or NORTH CAROLINA NATURAL GAS LINE SHOWN ON MAP OF SURVEY FOR. BRUNSWICK COUNTY; PERFORMED BY I SHERMN D CRIBB, PLS DATED ,DULY 24, 1996, LAST REISQN DATED NOV 05 2001, WAS REMOVED PER CLIENTS REQUEST 5) U7XITY STATEMENT THE LWWRGtOUND U77LI7ES SHONN HAVE BEEN LOCATED FROM FIELD SURVEY NFCRMATION AND E78STING DRAMNGS THE SURVEYOR MAKES No GUARANTEES THAT THE UNDERGROUND U77LI77ES SHOWN COMPRISE ALL SUCH UTILITIES N THE AREA, E7HER IN SERVICE OR ALANDCNED THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDEMO UND UTILITIES SHORN I ARE N THE EXACT LOCATION IND/CATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE THE SURVEYOR HAS NOT PHYSICALLY LOCATED UNDERGROUND UTILITIES 6) DATE OF SURVEY' M.X 201,0 7) DUPLICATION OF LINES AND DATA SERVE AS APPROPRIATE MATCH LINES > 4 \ im - `-? v �\ NOW OR FORMERLY LINCOLN DEVELOPMENT COMPANY, INC BOOK 307 PAGE 83 CPR ' 's _. c SHEET 2 OF 7 I BOUNDARY CURVE TABLE CURVEI DMECTION CHCRD AN RAOHI/S Cl S4778'48'W 34776• 37a97• 30x00' LEG ND. EI P EXISTING IRON PIPE LP S IRON PIPE SET O PROPERTY CORNER f APPROXIMATE R/W MGHT -OF -WAY OUP OVERHEAD POKER Nam NORTH CAROLNA NATURAL GAS Ell CONSERVATION AREA e LDD 2007 \DvWopm \Tri —Cooet ProperOee LLC\Brunsdck County WeOwde MAP FOR RECORD COVER SHEET WILMINGTON RIVER CLUB CONSERVA TION EASEMENT SHEET f OF 7 MICHAEL UNDLRNOOD aid ASSOCATES PA MICHAEL N UNDERMOOD PROFESSIONAL LAND SURVEYOR NORTH CAROLINA AND SOUTH CAROLINA 102 CINEMA DMVE, SUITE A NRM/NGTO'N, NORTH CAROLINA 28403 PH (910 )815 -0650 GRAPHIC SCALE 1' =700 700 0 700 1400 SCALE 1 -700' DA IF XLY 2012 701ONSH/P• NORTHOEST DRAIN) BY WC COUNTY BRUNSWICK CHECKED BY WC STATE NORTH CAROLINA I APPROVED BY MNU CLIENT NILM /NCTCW RIVER CLUB, LLC ADDRESS 1508 MILITARY CUTCT ROAD, SU 17E 302 WLM/NGTLNI, NC 28403 OFFICE © 2012 MICHAEL UNDERM 000 and ASSOCIATES; PA a W.WM. MFR 07- 18 -12Je — &g 7/31/2012 4 53 45 PM m1 NOW OR FORMERLY WILMINGTON RIVER CLUB, LLC BOOK 2444 PAGE 0144 L306 25 Opp cp� Al 0 No op L279— PeOR\ L26: a ARV �r9' V�' alp ��iZh CONSER✓A77ON EASEMENT CC' 7017.* ACRES FU7URE 60' WIDE PIER ACCESS CORRIDOR EASEMENT 0 83.* ACRES CONSERVA770N EASEMENT -I BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) / NOW OR FORMERLY WILMINGTON RIVER CLUB, LLC LoS / / Q / / BOOK 2444 PAGE 0144 / ,\) / `.57. QIEI� , /." 1/ / 676 53' TOT NOW OR FORMERLY ESNE M HOOPER / BOOK 819 PAGE 931 MAP CABINET "V' PAGE 45 30_EASE7N al R/W-- - - -_ —_ W OR FORMERLY CERTIFICATE MAP REVIEW OFFICER RENEW OFFICER OF BRUNSWICK COUNTY CER77FY 774A THIS MAP OR PLAT TO WHICH THIS CER77FICA77ON IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING IEMIAH HOLLIDAY 'W' LAND SHOWN ON THIS PLAT S NTTHIND THE UBDIIVISION AND THAT THISRPLAT AND ALLOTMENTS MCY FREENACT AND DEED B /NET PAGE 246 LAP AS PER i MAP CABINET ------ -- ---� —'W' PAGE 246 PAGE 888 ♦` NOW OR FORMERLY WILMINGTON RIVER CLUB, LLC \\ BOOK 2444 PAGE 0144 v �� 65i 55j � g2 PARCEL B' 0 \� (OLD MEAT A PAa(ING < ''� PLANT) \\ �` Gp J�C1I oy\`` RJ�S'�GY� \yo� le \ a\ `iDo Gam\ \iO. G\ Fr\ ,51i' 5 90 i j0� /p CONSERVATION EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) �2 s� 15014' IL WILMING70N 2581' ' Agfi RIVER CLUB, LLC K 2444 PG 0144 _ 60183, r, El N64 33'41 "W t^ %o 6��� ,A JAQry�a`1�� `♦Oi. `` 5��1��G� •P�99B6 138.60' - � 1f• NOW OR FORMERLY W7LMINGTaV RIVER CLUB, LLC BOOK 2444 PACE 0144 _ J 1 a0��� , 1 1�P fd& $ o R 5A eP MICHAEL N UNDERWOOD, P L S L -2962 CERTIFICATE MAP REVIEW OFFICER RENEW OFFICER OF BRUNSWICK COUNTY CER77FY 774A THIS MAP OR PLAT TO WHICH THIS CER77FICA77ON IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING RENEW OFFICER DATE LAND SHOWN ON THIS PLAT S NTTHIND THE UBDIIVISION AND THAT THISRPLAT AND ALLOTMENTS MCY FREENACT AND DEED OWNERS SIGNATURE `I ADDRESS N / 11r I as :NNO W E I ITY MAP ra SCALE N CD 0 T. a "we .S PROPOSED OF-WAY NORTH CAROLINA AlACRES NEW HANOVER COUNTY VAT70N 1, MICHAEL N UNDERWOOD, T TH T BB' DRAWN UNDER MY SUPERN AN 801 ACRES MADE UNDER MY C9P E ♦♦y f AS SHOW ON MA CALCULATED B I T BOUNDARI O fN LINES 7' �Gy�O WA EPARED I �A THIS PLAT S 47 -30 AMENDED •fj�C\ STHIS AND 4'c� N AL AY A D 22012UM8fR _ XAY CJ Ml E 00, PLS <1 1� 90 LICE L -2962 L193 1� C791 N SEAL MP CERT7FICATE THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN AN 1341 21(TOTAL) L192 AREA OF A COUNTY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND _ J 1 a0��� , 1 1�P fd& $ o R 5A eP MICHAEL N UNDERWOOD, P L S L -2962 CERTIFICATE MAP REVIEW OFFICER RENEW OFFICER OF BRUNSWICK COUNTY CER77FY 774A THIS MAP OR PLAT TO WHICH THIS CER77FICA77ON IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING RENEW OFFICER DATE LAND SHOWN ON THIS PLAT S NTTHIND THE UBDIIVISION AND THAT THISRPLAT AND ALLOTMENTS MCY FREENACT AND DEED OWNERS SIGNATURE `I ADDRESS L I !/ 1 Gym `I WE7LANL7 W4 TO? LINE OF LINE CARTWHEEL BRANCH \ \ IS SCALED PER NEW HANOVER COUNTY RMSITE CIS BASE MAP % / \♦ 5 ` `♦ 1 �1� L973 ` ♦ ♦ ♦` \ `� _ CENTER LINE OF 6 ` \ \,.-i CARTWHEEL BRANCH `♦ ` IS SCALED PER \% NEW HANOVER NOW OR FORMERLY 5 \` ♦♦ \ ♦ A/ Q\�� COUNTY WEBSIIE LINCOLN DEVELOPMENT I \\ ♦ ♦ \\�A 0 CIS BASE MAP COMPANY, LNG I ♦` \ ` 15 CONSERVA77ON BOOK 307 PAGE 83 I ♦ \ `� � EASEMENT AA' `� 19 00.* ACRES ` S R R HIU- jiUBU TELEPHONE NUMBER SURVEY RETER04CE LEGEND BOOK 2444 PAGE 0144 EI P EVS77NC IRON PIPE MAP CABINET 4 PAGE 37 I P S IRONI PIPE SET MAP OF SURVEY FOR O PROPERTY CORNER BRUNSWICK COUNTY t APPROX7MA IF PERFORMED BY R/W RIGHT -OF -WAY SHERWIN D CRIBB, P L S OHP OVERHEAD POWER DATED JULY 24, 1996 NCNG NORTH CAROLINA LAST REVISION DATED NATURAL GAS NOV OS 2001 ® AREA VAT70N AREA MAP FOR RECORD WILMINGTON RIVER CLUB CONSERVA TION EASEMENT SHEET 2 OF 7 MICHAEL UNDERWOOD and ASSOCIATES PA MICHAEL N UNDERWOOD PROFESSIONAL LAND SURVEYOR NORTH CAROLINA AND SOUTH CAROLINA 102 CINEMA DRIVE, SUI7E A WILMINGTON, NORTH CAROLINA 28403 PH (910)815 -0650 GRAPHIC SCALE. 1" =300 300 0 300 600 SCALE 1" =300' DATE JULY 2012 TOWNSHIP NORTHWEST DRAWN BY WC COUNTY BRUNSWICK CHECKED BY W C STATE NORTH CAROLINA APPROVED BY M N U CLIENT WILMINGTON RIVER CLUB LLC ADDRESS 1508 MILITARY CUTOFF ROAD SUI7E 302 WILMINGTON NC 28403 OFRCE FAX © 2012 MICHAEL UNDERWOOD and ASSOClA7ES PA �'J1O WETLAND - LINE L363 UB, LLC 0144 CONSERVA RGV - EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) CONSERVA77ON EASEMENT DD' 156.65.* ACRES WE FEAR RIVER IS SCALED PER NEW HANOVER COUNTY WEBSIX CONSERVA71ON EASEMENT CC' 70171 ACRES 1 V5• // die // FUTURE 60' m WIDE PIER ACCESS CORRIDOR EASEMENT L279 , 0 831 ACRES a o Q pP �Q / CONSERVA77ON ` � 2 0 bx" EASEMENT �:�J // / L262 BOUNDARY LINE ONCLUDES 25' OF .�, i 62 9 1 6 UPLAND BUFFER) y'S� 4. 6j91 5�i 8649k5� 6 66 A9 L216 tA WETLAND � 9ye.,y`a ` ' NOW OR FORMERLY / LINE W4LMINGTON RIVER CLUB, LLC BOOK 2444 PAGE 0144 EpS� • ° y�6 WILMINGTON 87 RIVER CLUB, LLC TAPE FEAR RIVER IS SCALED PER NEW HANOVER COUNTY WEBSIX CONSERVATION EASEMENT DD' 156 651 ACRES Z� VICINITY MAP NO SCALE NORTH CAROLINA NEW HANOVER COUNTY 1, MICHAEL N UNDERWOOD, CENO DRAWN UNDER MY MSUPEIR MADE UNDER MY AS SHOW ON CALCULATED B �Jlk x,14 0 IV 1-100 0 9 v t 91 r' ji 1 1 I I i i FUTURE N CD O T { 300' WIDE PROPOSED / RIGHT— OF—WAY 1 I 3 711 ACRES •/ \ �� CONSERVA77 ON EASEMENT BB' / / .� 3 801 ACRES ,loll' r/ L 191 h W —Pc E S 4 eY £N LINES AT THIS PUT I M47-JO AMENDED CENSE NUMBER AND AD, 2QU SEAL 6ff MMP CERTIFICATE THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN AN AREA OF A COUNTY THAT HAS AN ORDINANCE THAI REGULATES PARCELS OF LAND MICHAEL N UNDERWOOD, P L S L -2962 CER77FICATE MAP REVIEW OFFICER 11 REVIEW OFFICER OF BRUNSWICK COUNTY, CER77FY THAT THIS MAP OR PLAT TO WHICH THIS CER7IF7CA7?ON IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING RENEW OMCER DATE THE UNDERSIGNED HEREBY ACKNOWLEDGE 7HAr THE LAND SHOWN ON THIS PLAT IS W17HIN THE SUBDIVISION REGULA77ON J41RISOIC77ON OF THE BRUNSWICK COUNTY AND THAT THIS PLAT AND ALLOTMENT IS MY FREE ACT AND DEED OWNERS SIGNATURE ADDRESS TELEPHONE NUMBER SURVEY REFERENCE LEGEND BOOK 2444 PAGE 0144 EIP EMS77NG IRON PIPE MAP CABINET 4 PAGE 37 I P S IRON PIPE SET MAP OF SURVEY FOR O PROPERTY CORNER BRUNSWICK COUNTY t APPROXIMATE PERFORMED BY R/W RIGHT-OF-WAY SHERWIN D CRIBB P L S OHP OVERHEAD POWER DATED JULY 24, 1996 NCNG NORTH CAROLINA LAST REVISION DATED NATURAL GAS NOV 05 2001 CONNER VA77ON AREA 1 IF If I � WATER LINE AP£ FEAR RIVER U1� I f 1 I IS SCALED PER NEW HANOVER COUNTY WEBSITE CT A AP I � h 1h1 kk: 1 / v C4A0J A PO �Aw and LIGHT COMPANY I j OVERHEAD 1 r l TRANSMISSION N: `tp• \ \ ry UNE,100' R/W) �tP \ i v 11 181 ACRES �= f 1 \ / ^F / PER MAP OF SURVEY FOR BRUNSWICK COUNTY, PERFORMED BY SHERWIN D CRIBB, PLS DATED JULY 24, 1996, LAST REVISION DATED NOV I 211 rl CONSERVA RGV - EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) CONSERVA77ON EASEMENT DD' 156.65.* ACRES WE FEAR RIVER IS SCALED PER NEW HANOVER COUNTY WEBSIX CONSERVA71ON EASEMENT CC' 70171 ACRES 1 V5• // die // FUTURE 60' m WIDE PIER ACCESS CORRIDOR EASEMENT L279 , 0 831 ACRES a o Q pP �Q / CONSERVA77ON ` � 2 0 bx" EASEMENT �:�J // / L262 BOUNDARY LINE ONCLUDES 25' OF .�, i 62 9 1 6 UPLAND BUFFER) y'S� 4. 6j91 5�i 8649k5� 6 66 A9 L216 tA WETLAND � 9ye.,y`a ` ' NOW OR FORMERLY / LINE W4LMINGTON RIVER CLUB, LLC BOOK 2444 PAGE 0144 EpS� • ° y�6 WILMINGTON 87 RIVER CLUB, LLC TAPE FEAR RIVER IS SCALED PER NEW HANOVER COUNTY WEBSIX CONSERVATION EASEMENT DD' 156 651 ACRES Z� VICINITY MAP NO SCALE NORTH CAROLINA NEW HANOVER COUNTY 1, MICHAEL N UNDERWOOD, CENO DRAWN UNDER MY MSUPEIR MADE UNDER MY AS SHOW ON CALCULATED B �Jlk x,14 0 IV 1-100 0 9 v t 91 r' ji 1 1 I I i i FUTURE N CD O T { 300' WIDE PROPOSED / RIGHT— OF—WAY 1 I 3 711 ACRES •/ \ �� CONSERVA77 ON EASEMENT BB' / / .� 3 801 ACRES ,loll' r/ L 191 h W —Pc E S 4 eY £N LINES AT THIS PUT I M47-JO AMENDED CENSE NUMBER AND AD, 2QU SEAL 6ff MMP CERTIFICATE THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN AN AREA OF A COUNTY THAT HAS AN ORDINANCE THAI REGULATES PARCELS OF LAND MICHAEL N UNDERWOOD, P L S L -2962 CER77FICATE MAP REVIEW OFFICER 11 REVIEW OFFICER OF BRUNSWICK COUNTY, CER77FY THAT THIS MAP OR PLAT TO WHICH THIS CER7IF7CA7?ON IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING RENEW OMCER DATE THE UNDERSIGNED HEREBY ACKNOWLEDGE 7HAr THE LAND SHOWN ON THIS PLAT IS W17HIN THE SUBDIVISION REGULA77ON J41RISOIC77ON OF THE BRUNSWICK COUNTY AND THAT THIS PLAT AND ALLOTMENT IS MY FREE ACT AND DEED OWNERS SIGNATURE ADDRESS TELEPHONE NUMBER SURVEY REFERENCE LEGEND BOOK 2444 PAGE 0144 EIP EMS77NG IRON PIPE MAP CABINET 4 PAGE 37 I P S IRON PIPE SET MAP OF SURVEY FOR O PROPERTY CORNER BRUNSWICK COUNTY t APPROXIMATE PERFORMED BY R/W RIGHT-OF-WAY SHERWIN D CRIBB P L S OHP OVERHEAD POWER DATED JULY 24, 1996 NCNG NORTH CAROLINA LAST REVISION DATED NATURAL GAS NOV 05 2001 CONNER VA77ON AREA MAP FOR RECORD WILMINGTON RIVER CLUB CONSERVATION EASEMENT SHEET 3 OF 7 MICHAEL UNDERWOOD and ASSOCIATES, PA MICHAEL N UNDERWOOD PROFESSIONAL LAND SURVEYOR NORTH CAROLINA AND SOUTH CAROLINA 102 CINEMA DRIVE, SU17E A WILMINGTON NORTH CAROLINA 28403 PH (910)815 -0650 GRAPHIC SCALE 1' =300 300 0 300 600 SCALE 1 =300 I DATE JULY 2012 TOWNSHIP NORTHWEST I DRAWN BY WC COUNTY BRUNSWICK I CHECKED BY W C STATE NORTH CAROLINA I APPROVED BY M N U CLIENT WILMINGTON RIVER CLUB, LLC ADDRESS 1508 MILITARY CUTOFF ROAD SLIDE 302 WKMINGTON NC 28403 OFFICE FAX © 2012 MICHAEL UNDERWOOD and ASSOCIA7ES PA 0 �ry CAPE FEAR RIVER 1 L45 L46 CENTER UNE OF MOORE'S CANAL IS SCALED PER I L106 I NEW HANOVER Li 0 9 L 8 L 7 COUNTY N£BSITE PMP O'S BASE MAP /' 1 INDIAN CREEK L96 / . .4 V %Tfllllllllllllll n sue° SEEK `� e� tZe CONSERVATION L20 \ \ EASEMENT FF' 133 861 ACRES )LB42 L784 L749 L865 L797 CON/SER VA RON L829 EASEMENT BOUNDARY UNE L73 L807 (INCLUDES 25' OF UPLAND BUFFER) L724—d NOW OR FORMERLY WILMINGTON RIVER CLUB, LLC BOOK 2444 PACE 0144 FUTURE 60' Q WIDE BRIDGE CORRIDOR EASEMENT 0 341 ACRES L684 WETLAND LINE / L61J 7 X868 L597` CONSERVA77ON EASEMENT GG' 7J7& ACRES CONSERVATION EASEMENT EE' 6081.* ACRES CONSER VA 7701V EASEMENT FF' I- 861 ACRES L462 L411� COIVSERVA71ON EASEMENT FF' 13a86t ACRES CONSERVA RON EASEMENT BOUNDARY UNE (INCLUDES 25' OF UPLAND BUFFER) INDIAN CREEK IS SCALED PER NEW HANOVER CONSERVA77ON - EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) INDIAN CREEK IS SCALED PER NEW HANOVER ,OUNTY W£BS7TE 260' WIDE RIVER ACCESS CORRIDOR 4 531 ACRES JO rtl WETLAND - UNE NOW OR FORMERLY WILMING70N RIVER CLUB, LLC BOOK 2444 PAGE 0144 co .ops teoso BE CONSERVATION (tf, EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) L61J 7 X868 L597` CONSERVA77ON EASEMENT GG' 7J7& ACRES CONSERVATION EASEMENT EE' 6081.* ACRES CONSER VA 7701V EASEMENT FF' I- 861 ACRES L462 L411� COIVSERVA71ON EASEMENT FF' 13a86t ACRES CONSERVA RON EASEMENT BOUNDARY UNE (INCLUDES 25' OF UPLAND BUFFER) INDIAN CREEK IS SCALED PER NEW HANOVER CONSERVA77ON - EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) INDIAN CREEK IS SCALED PER NEW HANOVER ,OUNTY W£BS7TE 260' WIDE RIVER ACCESS CORRIDOR 4 531 ACRES JO rtl WETLAND - UNE NOW OR FORMERLY WILMING70N RIVER CLUB, LLC BOOK 2444 PAGE 0144 CONSERVARON- EASEMENT BOUNDARY UNE (INCLUDES 25' OF UPLAND BUFFER) TELEPHONE NUMBER SURVEY REFERENCE BOOK 2444 PAGE 0144 MAP CABINET 4 PAGE 37 MAP OF SURVEY FOR BRUNSWICK COUNTY PERFORMED BY SHER KIN D CRIBS PL S DATED JULY 24, 1996 LAST REVISION DATED NOV 05, 2001 unt 6v 67 aANO � i MAP FOR RECORD L666 V Cj / `, I WETLAND ♦ \ �I `` 0 � �pJ dp L537 � / , `` 553, L12 t 1546 I MIY R/ �1VF OP,c "/ �,fR1'Y 1 o�iaZ i L586 o �' / R // 0001- z Z m m /' Qp JJ� / / NOW OR FOR e I WLMING70N RIVER t t -�L7 m �OJ �P /// BOOK 2444 PA - -�_ - L5 _ ��� ��Q G PQ L596 / / / / / 676 53' L17 e / N6473'09'W 2927 05 (TOTAL) / dI' / y SAY `; ♦\�,/ E QP 7 �. NOW OR FORMERLY 4 / � I / / ESSIE M HOOFER �t 4Qp / kQP / / / / BOOK 819 PAC2: 931 `t;♦ ♦` �p0\ I / MAP CABINET 'V' PAGE 45 LEGEND EIP EX1S77NG IRON PIPE I P S IRON PIPE SET O PROPERTY CORNER f APPROXIMATE R/W RIGHT- OF-WAY OHP OVERHEAD POWER NONG NORTH CAROLINA NATURAL GAS CONSERVA770M AREA WILMINGTON RIVER CLUB CONSERVA TION EASEMENT SHEET 4 OF 71 MICHAEL UNDERWOOD and ASSOCIATES PA MICHAEL N UNDERWOOD PROFESSIONAL LAND SURVEYOR NORTH CAROLINA AND SOUTH CAROLINA 102 CINEMA DRIVE, SU17E A WILMINGTON NORTH CAROLINA 28403 PH (910)815 -0650 GRAPHIC SCALE 1' =300 F 300 0 300 600 SCALE 1' =300 I DA 1E JULY 2012 DRAWN BY WC COUNTY BRUNSWICK I CHECKED BY W C STATE NORTH CAROLINA I APPROVED BY M N U CLIENT WILMINGTON RIVER CLUB LLC ADDRESS 1508 MILITARY CUTOFF ROAD SUITE 302 WILMINGTON NC 28403 OFFICE FAX © 2012 MICHAEL UNDERWOOD and ASSOCIATES, PA 1 # % N N .r \ m E \ VICINITY MAP MAP ar qb NO SCALE S m , 8� U1 NORTH CAROLINA q cn �I =3 NEW HANOVER COUNTY q m �Z ! 1, MICHAEL N UNDERWOOD, T THI,�J�Y ay °+ DRANK UNDER MY SUPER N AN I !/�{ii884MA MADE UNDER MY SUP S E / 1 CALCULATED B I T AP'0h t BOUNDARI EN LINES PLO OR AT THIS PUT / p WA SPARED I/�, A S 47 -30 AMENDED = h t ESS MY I(CiIN CENSE NUMBER AND AL THIS bAY A D 2QIZ Ml P LS L -262 U w f A ME CER 77RCATE r'co. THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN AN AREA OF A COUNTY THAT HAS AN ORDINANCE THAT REGULA TES PARCELS OF LAND MICHAEL N UNDERWOOD, P L S L -2962 �1Q CERTIFICATE MAP REVIEW OFFICER I RENEW OFFICER OF BRUNSWICK COUNTY, CER 77FY THAT THIS MAP OR PLAT TO WHICH THIS CER77FICA 77ON IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING E REVIEW OFFICER DATE 15 THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THE LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION REGULA77ON JURISOIC77ON OF THE BRUNSWICK COUNTY ` AND THAT THIS PLAT AND ALLOTMENT 7S MY FREE ACT L328 ` M1y ` AND DEED ♦ OWNERS SIGNA77JRE ADDRESS CONSERVARON- EASEMENT BOUNDARY UNE (INCLUDES 25' OF UPLAND BUFFER) TELEPHONE NUMBER SURVEY REFERENCE BOOK 2444 PAGE 0144 MAP CABINET 4 PAGE 37 MAP OF SURVEY FOR BRUNSWICK COUNTY PERFORMED BY SHER KIN D CRIBS PL S DATED JULY 24, 1996 LAST REVISION DATED NOV 05, 2001 unt 6v 67 aANO � i MAP FOR RECORD L666 V Cj / `, I WETLAND ♦ \ �I `` 0 � �pJ dp L537 � / , `` 553, L12 t 1546 I MIY R/ �1VF OP,c "/ �,fR1'Y 1 o�iaZ i L586 o �' / R // 0001- z Z m m /' Qp JJ� / / NOW OR FOR e I WLMING70N RIVER t t -�L7 m �OJ �P /// BOOK 2444 PA - -�_ - L5 _ ��� ��Q G PQ L596 / / / / / 676 53' L17 e / N6473'09'W 2927 05 (TOTAL) / dI' / y SAY `; ♦\�,/ E QP 7 �. NOW OR FORMERLY 4 / � I / / ESSIE M HOOFER �t 4Qp / kQP / / / / BOOK 819 PAC2: 931 `t;♦ ♦` �p0\ I / MAP CABINET 'V' PAGE 45 LEGEND EIP EX1S77NG IRON PIPE I P S IRON PIPE SET O PROPERTY CORNER f APPROXIMATE R/W RIGHT- OF-WAY OHP OVERHEAD POWER NONG NORTH CAROLINA NATURAL GAS CONSERVA770M AREA WILMINGTON RIVER CLUB CONSERVA TION EASEMENT SHEET 4 OF 71 MICHAEL UNDERWOOD and ASSOCIATES PA MICHAEL N UNDERWOOD PROFESSIONAL LAND SURVEYOR NORTH CAROLINA AND SOUTH CAROLINA 102 CINEMA DRIVE, SU17E A WILMINGTON NORTH CAROLINA 28403 PH (910)815 -0650 GRAPHIC SCALE 1' =300 F 300 0 300 600 SCALE 1' =300 I DA 1E JULY 2012 DRAWN BY WC COUNTY BRUNSWICK I CHECKED BY W C STATE NORTH CAROLINA I APPROVED BY M N U CLIENT WILMINGTON RIVER CLUB LLC ADDRESS 1508 MILITARY CUTOFF ROAD SUITE 302 WILMINGTON NC 28403 OFFICE FAX © 2012 MICHAEL UNDERWOOD and ASSOCIATES, PA 03 � bl 1 m 2 N PR N� BE�o� RE (V %ol CONSERVATION EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) L613 /� /--- VALEN77NE Ly p-��- 4w 6" L597` \ ' WAY R a i43p � t � R =1\ = .41 oe i f r/ 1 I CONSERVA77ON EASEMENT 'GG' 737.* ACRES L462 EASEMENT FF' 13,86.* ACRES CONSERVATION EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) LEGEND BOOK 2444 PAGE 0144 EIP EXISTING IRON PIPE MAP CABINET 4 PAGE 37 I P S IRON PIPE SET MAP OF SURVEY FOR O PROPERTY CORNER BRUNSWICK COUNTY CONSERVA77ON PERFORMED BY R/W RIGHT-OF-WAY SHERWiN D CRIBB, P L S OHP OVERHEAD POWER DATED JULY 24, 1996 NCNG NORTH CAROLINA LAST REVISION DATED NA7URAL GAS NOV 05 2001 CONSERVATION N AREA VIE 1LANO EASEMENT FF' t *NE W D V ar e� 133 86t ACRES S CONSERVATION EASEMENT 1� (INCLUDES 25' OF NORTH CAROLINA UPLAND BUFFER) NEW HANDIER COUNTY 1, MICHAEL N UNDfRWOOD, T IHI,FY AN MADE UNDER MY SUPPERVI SHOWN ON f £ MA CALCULATED B I.S. W£ LINE IA D i j L76B 6 65' NV, - L784 L749 L865 L797 .�/ �hjL,o L842 CONSERVATION q 0 L829 EASEMENT BOUNDARY LINE L73 L807 (INCLUDES 25' OF UPLAND BUFFER) I L724 NOW OR FORMERLY WILMINGTON RIVER CLUB, LLC BOOK 2444 PAGE 0144 FU7URE 60' Q WIDE BRIDGE CORRIDOR EASEMENT 0 34.* ACRES L684 WETLAND LINE PR N� BE�o� RE (V %ol CONSERVATION EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) L613 /� /--- VALEN77NE Ly p-��- 4w 6" L597` \ ' WAY R a i43p � t � R =1\ = .41 oe i f r/ 1 I CONSERVA77ON EASEMENT 'GG' 737.* ACRES L462 EASEMENT FF' 13,86.* ACRES CONSERVATION EASEMENT BOUNDARY LINE (INCLUDES 25' OF UPLAND BUFFER) ' —WE7LAND L537 L12 '/ LINE � Y ROpD� 5�r 13 ; L546 0� %'�fR' / c� L586 fpR B \5 j ti oR pc ; OR /� 4 v R9001, I i m Z to �PPRJ L596 L17 ` __ _ 225052'____ —_ ` — /� /7{Ar % 1 N6473'09'W 2927 05'(TOTAL) ` \ 6eq��NeTF'oµv[�Y _ 'sip i� l \G, { \\` 878 PA gif 4�iv ���,Qg�!' /i�J��4b ,R / f qLxy \� J 7" Di\ cP�0�0/ �Pa 1 // MAP d / / , // lob /��— _---_�__ 30_EAS£ME _—___—__ - --- / NOW OR FORMERLY NEHEMIAH HOLIDAY MAP CABINET 'W' PAGE 246 NOW OR FORMERLY `. \ CLI14 TON BALLARO Illy", r� BOOK 1083 PAGE 888 PARED "I A S 47 -30 AMENDED MY l CENSE NUMBER AND S� AY AD, 2D12 P. PLS SEAL W--WMP CER77RCATE THIS SURVEY CREATES A SUBDIV15ION OF LAND WITHIN AN AREA OF A COUNTY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND MICHAEL N UNDERWOOD, PLS L -2962 CERTIFICATE MAP RENEW OFFICER 1, RENEW OFFICER OF BRUNSWICK COUNTY, CERTIFY THAT THIS MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING RENEW OFFICER DATE THE UNDERSIGNED HEREBY ACKNOW-EDGE THAT THE LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION REGULATION JURISDICTION OF THE BRUNSWICK COUNTY AND THAT 774IS PLAT AND ALLOTMENT IS MY FREE ACT AND DEED OWNERS SICWA77JRE ADDRESS TELEPHONE NUMBER SURVEY REFERENCE LEGEND BOOK 2444 PAGE 0144 EIP EXISTING IRON PIPE MAP CABINET 4 PAGE 37 I P S IRON PIPE SET MAP OF SURVEY FOR O PROPERTY CORNER BRUNSWICK COUNTY t APPROXIMATE PERFORMED BY R/W RIGHT-OF-WAY SHERWiN D CRIBB, P L S OHP OVERHEAD POWER DATED JULY 24, 1996 NCNG NORTH CAROLINA LAST REVISION DATED NA7URAL GAS NOV 05 2001 CONSERVATION N AREA VIE 1LANO *NE W E V ar e� S CONSERVATION EASEMENT BOUNDARY LINE (INCLUDES 25' OF NORTH CAROLINA UPLAND BUFFER) NEW HANDIER COUNTY 1, MICHAEL N UNDfRWOOD, T IHI,FY AN MADE UNDER MY SUPPERVI SHOWN ON f £ MA CALCULATED B I.S. ' —WE7LAND L537 L12 '/ LINE � Y ROpD� 5�r 13 ; L546 0� %'�fR' / c� L586 fpR B \5 j ti oR pc ; OR /� 4 v R9001, I i m Z to �PPRJ L596 L17 ` __ _ 225052'____ —_ ` — /� /7{Ar % 1 N6473'09'W 2927 05'(TOTAL) ` \ 6eq��NeTF'oµv[�Y _ 'sip i� l \G, { \\` 878 PA gif 4�iv ���,Qg�!' /i�J��4b ,R / f qLxy \� J 7" Di\ cP�0�0/ �Pa 1 // MAP d / / , // lob /��— _---_�__ 30_EAS£ME _—___—__ - --- / NOW OR FORMERLY NEHEMIAH HOLIDAY MAP CABINET 'W' PAGE 246 NOW OR FORMERLY `. \ CLI14 TON BALLARO Illy", r� BOOK 1083 PAGE 888 PARED "I A S 47 -30 AMENDED MY l CENSE NUMBER AND S� AY AD, 2D12 P. PLS SEAL W--WMP CER77RCATE THIS SURVEY CREATES A SUBDIV15ION OF LAND WITHIN AN AREA OF A COUNTY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND MICHAEL N UNDERWOOD, PLS L -2962 CERTIFICATE MAP RENEW OFFICER 1, RENEW OFFICER OF BRUNSWICK COUNTY, CERTIFY THAT THIS MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING RENEW OFFICER DATE THE UNDERSIGNED HEREBY ACKNOW-EDGE THAT THE LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION REGULATION JURISDICTION OF THE BRUNSWICK COUNTY AND THAT 774IS PLAT AND ALLOTMENT IS MY FREE ACT AND DEED OWNERS SICWA77JRE ADDRESS TELEPHONE NUMBER SURVEY REFERENCE LEGEND BOOK 2444 PAGE 0144 EIP EXISTING IRON PIPE MAP CABINET 4 PAGE 37 I P S IRON PIPE SET MAP OF SURVEY FOR O PROPERTY CORNER BRUNSWICK COUNTY t APPROXIMATE PERFORMED BY R/W RIGHT-OF-WAY SHERWiN D CRIBB, P L S OHP OVERHEAD POWER DATED JULY 24, 1996 NCNG NORTH CAROLINA LAST REVISION DATED NA7URAL GAS NOV 05 2001 CONSERVATION AREA MAP FOR RECORD WILMINGTON RIVER CLUB CONSERVATION EASEMENT SHEET 5 OF 7 MICHAEL UNDERWOOD and ASSOCIATES PA MICHAEL N UNDERWOOD PROFESSIONAL LAND SURVEYOR NORTH CAROLINA AND SOUTH CAROLINA 102 CINEMA DRIVE, SUITE A WILMINGTON NORTH CAROLINA 28403 PH (910)815 -0650 GRAPHIC SCALE 1" =300 300 0 300 600 SCALE 1' =300 I DATE ALLY 2012 TOWNSHIP NORTHWEST I DRAWN BY WC COUNTY BRUNSWICK I CHECKED BY WC STATE NORTH CAROLINA I APPROVED BY M N U CLIENT WILMINGTON RIVER CLUB LLC ADDRESS 1508 MILITARY CUTOFF ROAD SUITE 302 ` WILMINGTON NC 28403 (C\ OFFICE FAX 2012 MICHAEL UNDERWOOD and ASSOCIATES, PA LINE TABLE LINE DIREC77ON DISTANCE L1 S143743"£ 3f 60 L2 S87J629 W 6923 L3 N237925 "W 20722 L4 N3431'17'W 28085' L5 S6974'14E 6004' L6 S6976 59E 37771' L7 5685239E 24159' L8 N2242'55E 3410' L9 N224255'E 28300' L 10 N05 4637E 292 0' L1 f N29 46 23'W 149 00' 02 N714723'W 17077' LfJ N67722J "W 190 00' L14 58801 37'W 12800 L15 S135437'W 20300' L16 S4740'37'W 19561' L17 N5877 57'W 72 24' LIB N587757W 29761' L19 355523E 176 30' L20 56459'10'E 10739' L21 N82 J4'17'E 62 04' L22 N42 JO'J8 E 87 07 L2J N2 3718'£ 7 61' L24 58579'02'£ 53 05' L25 S2256 11 E 56 45' 226 5290325'£ 8261' L27 5412524E 6063' L28 S75 3708'E 107 68' L29 N547746E 69 02' LJO N39 48'20'£ 8J55' LJ7 N2855 39'E 116 72' L32 N457434 E 72 16' LJJ N84 49'15'E 47 95' L34 S727156E 75 58' L35 S5670'08' S 24' L36 57353'01 E 69 74' L37 S837725 E 49 55 L38 N64J9'15'E 4247 L39 N7J 48'4J'E 66 J3 L40 N84724'E 8182' L41 5797301E 4J 54' L42 S6971'43 E 3880 L4J N3625'11 'E 132 47 L44 N3625'il E 18450' L45 56439 *17E 16542' L46 S7071'11E 206.86' L47 S745020'E 21561' L48 S8978'30'E 29153' L49 N8073'05 'E 236 11' L50 N74 39'42 E 485 32' L51 727942£ 364 56' L52 8 5 1 E 264 76' L53 S8152'12E 18911' L54 5663539E 19525' L55 S64 40'20'E 14325' L56 5483926' 9 ' L57 S3175'35E 23077 L58 52371 06E —T,4-6-31 L59 5790835E 1715j' L60 S0624'J8'E 12763' L61 S 00'00'W 2J2 L62 5043936'W 26157 L63 S105654'W 22246' L64 S1373'59'W 15271' L65 47629 225 L66 53236 29'W 163 55' L67 N18JJ'03'W 8309' L68 NJ152'45'W 40426' L69 NJ208'00'W 16780' L70 N5108'11 "W 349 00 L71 N5078'49'W 143 57' L72 N5271'06'W 6139, L7J N5558'44'W 81 74' L74 N563324'W 8659' L75 N5703'O6'W 81 J3' L76 N627J'J3'W 10596' L77 N774747 'W L182 L78 N7742'08'W 13791' L79 N83 48'39'W 126 24' LBO N6001'06'W 150 08' L81 3 30'5 'W 132.96' L82 N005452W 94 00' L8J N09 46'49'E 8214' L84 N040320'W L189 L85 NJO5354'W loir 21' L86 N3740'47'W 6' L87 N6953'45'W 5750' L88 S88 4647W 77 77 L89 S6902'04'W 8594' L90 S61UO'03"W 11748' L91 S5739'02'W 12133' L92 S5739'19 "W 9173 L93 57942 -42-W 6378' L94 N667 7'16'W 69 jr L95 N5073'50 "W 82 29' L96 N5679 J5 "W 106 p4' L97 N6208'37W 9' L98 N6420'24'W 144 22' L99 N6431 it "W 13781' LIDO N6906'42'W 10088' L101 S6921'4J'E 18126' L 102 56556,3 6 02' L103 56202'55"£ 14835' L104 55770'20'£ 9867 L105 S320009 E 20 50' L106 S515922 E 18.62' L107 S6 0 J9 E 5599 008 5394522 "£ 1173' L109 56570'101E 64 18' L f l0 S6J54'02 E 58 46' Llff S8 736'15'E 9158' L f /2 N55 4222 E f6159' LI/3 N575226 E 62 88' Lif4 N605J'if E 3834' L115 5 ' J' 6156' Lif6 N777821E 6278' L117 N8f 3136E 5535' 018 58450'07 E 4895' Lif9 S604357£ 4.x27 L120 S22,34'56 'E 5522' L121 S052631'W 10281' L122 5047236 'W 6879' L123 S1656'10E 12959 1124 1002'09 9&56' L125 S5877'00 'E f91 91' L126 S8/ 4743'£ 79 82' L127 S6451'10'E 108 J3' L128 S8 35 E 4532' L129 S7744'14E 6295' L1JO S687155E 11522' L131 S64 32'12'E 12441' 032 S56 4337' 6a28' L1JJ 5565050'E 7070' 034 S475642'E 84 51' L135 1 S557429E 5903' 036 5 07525 E 102 74' LIJ7 S507838'E 8589 L138 S4754J2E 25451' 039 SJ87721 E 22776' L140 S28 32 04'E 11671' L141 S1704'12 E 22569' 7142 Sol 39'42E 13793 L143 SO44622 "W 134 f0' L144 S030J'04E 14898' L145 I 5 27E 1 174 55' L146 I S292103E 1 23564' U47 S4456J6E I 14510' L148 S687155"E 20733' L149 N8659'0 1 E 24409' L150 N863757E 21838' LI51 N66021 fE 25279 052 N54109'11 -E 28498' L15J N 73247 E 60855' L154 N4829'03E 44539' L155 N640657 E 47045' L156 N82' 04E 29775' L157 930'01" 35215' L158 S82 38'4 I E 40105' L159 S7557'02E 264 41' L160 S66 4755E 29321' L161 S54 4523E 26693' L162 54241 58'E 22709' L163 S567302E 23864' L164 Sf875'49'E 24.155' L165 15524E 24927 L166 0 ' 7 06 98' L167 S1070'06'W 8301' L168 S1070'06'W 6052' L169 S 3258 'W 65 56' L170 S '3 58' 70 94' L171 S51 20'04'W 24654' L172 5627 '02'W 30424' 073 S727442'W 336 79' L174 S81 J7 JO "W 440 70' L175 S63 49'39"W 47752' L176 S8072 J7'W 47187' L177 S6759'48'W 359 70' L178 S5 303 "W 40961' L179 S445855'W 31759' L180 5227349 'W 13553' 081 S3478'14'W 306 72' L182 640'W 16363' 083 51979'10'W 13602' L184 S0401 JO "W 79 66' L185 SO401 JO'W 1 60 25' L186 SO4 32'37'E 123 96' L187 S114109E 17927 L188 52076'15 E 154 97 L189 S2973'14 'E 18385' 090 S 57E 195 L191 5535621E 2GJ28' L192 53054 02 "W 2J 94' L193 0479'16'W 22 96' L194 N327106'W 4022' L195 ' 5' J2,04' L196 N365948 "W I 2J 86' L197 NJ658'13'W 2897 LF98 N273159'W 3289' L199 S59 48' 3" 23 00' L200 N6850'18'W 4512' L201 N08 4644'W 69 72' L202 S815121'W 5306' L203 8/32'24'W J5 25' L204 N15'34 If 3451' L205 S15 34 30'E 10 34' L206 5217833E 1 30 71' L207 5233 '08' 6 L208 N27 43'13'W I 70' L209 N8537'04 E 28.37' L210 55179'20'£ 3196' L211 S420854E 2481' L212 5277724E 4150' L213 5277026 "W iJ 87' L214 531 J9'OOE 23 72' L215 S23 46'18'W 3333' L216 S14115'2071 0 6' L217 S1357'18 E 15 9J' L218 S602257E 24 64' L219 S6675'50 *E 36 41' L220 SO 238 6 69' L221 N23 43'15'W 12 56' L222 N0629'06'E 2160' L223 Nil 39 00'W 49 35' L224 N20 JJ'06'W 36 30' L225 NI,5 4225W 42,62' L226 N20 3625'w 4764' L227 N52 4445'W 2898' L228 NJJ0325'W 5030' L229 1002'09 67' L230 N325621'W 2308' L231 N46 J3 J7'W J865' L2J2 Nf172'450W 36 57 L2JJ 350341'W 2992' L234 N0778'11 'E 4.175' L235 N077152W 1752 L236 N12 46'32'W 29 43' L2J7 22 5 'W 38' L2J6 NJf 5341 "W 1426' L259 I N595745'W 1 20 77' L240 N44 J9'58'W 1 45 3f' L241 N17101'14'W 49. 15' L242 N29 J2'59'W 37 37' L243 N010454 W 48.16' 7244 N16 42-35-W 1403' L245 N264219'W 240 7146 N1336-06 -W 1915' L247 N24 J2'49'W 30.42' L248 N550I'12'W 32.88' L249 N645 50'W 1 29 89' L250 S 35 ' 9'W 85' L251 S65J1'45'W 3499' L252 S4J 4J 39'W 5256' L253 S780327W 3752' L254 S62 '19' 32 IF 1255 5635044"W 48.95' L256 S2658 '37-W 2870' L257 N8744'5J'W 3523' L256 S5 8' 755' L259 S69 JJ 05'W 30 45' L260 S645642'W 5542' L261 S8630'59'W 35.05' L262 S89 8 L263 N4849'14'W J80J' L264 N4479'21'W 1503' L265 N6J 37'17'W 7 48' L266 03'W 15 L267 S6J7J3J'W 24 20' L266 S657J'02 "W 3239' L269 NJ/ 4J'46'W 50 75' L270 N4875' "E 3x36' L27f NO4&rI677 0 0 L272 N6754J7E 5790' L273 S830943E 3029' L274 5665 36 2' L275 8659' 0 81' L276 N8442'02E 3553' L277 N8071'1 E 2528' L278 N4674'11 "E 26 55' L279 N58*24'JOT if, 8 ' L280 NJ548'J5E 2143' L281 N5570'04'E J5 28' L282 M517 748£ 29 37 L283 N53 54 '38'E 29 52' 084 N740J22E 1955- L285 NJO 4727E 2041' L286 N420JJ9E 1834' L287 Nil 35'15'E 20 04' L286 N0154'08'E 2794' L289 N260/48"E 1757 L290 Nf2 4430'W 1580' L291 N08 g L292 N23 49 J9 "W 17 30' L293 Nf f J714'W 23 90' L294 Nif J7'14'W 2567 L295 SOJ ' 9'W 39 42' L296 S 633' 2532' L297 N0950'06'W 1261' L298 N0950'06'W 1227 L299 N1878'58 'W 4055' LJ00 N59 43'50"W J2,04' LJ01 N0537'78"W 2775' 1J02 N/43907'W 5106' L303 N/9 0022W 2728' L504 007 ' 6'W 33 8' LJ05 N04 44'03'W 16 95' L306 N0102 32'E 17 27 L307 07 '15'W 15 67' LJOB NII 41'47-W 2145' L309 N36 30 09'W 3g 95' LJ10 NJ57143'W 3812' LJl1 N382254'W 46 09' L312 Nig 0'00' 3767 LJ73 N27 43'13'W 3801' L314 M06'50'51 'E 29 82' 1315 N0252'30 'E 939' L316 N237276'W 1397' 017 N2441' W 3729' 018 N1002'12'W 25 47 L519 N16 47'25'W 3431' L320 N1473'09'W 1927' LJ21 N22 49 "W 26.5f' LJ22 N30 40'35 W 3782' LJ23 M24 31'45'E 922' LJ24 N1050'11 'W 2157' LJ25 NJ078'45'W 6' LJ26 N18 44'06'W 2641' L327 N1209'18'W 25 09' L328 Nf35855'W 3204' L329 N14 JJ36'W 1578' LJJO N27 5 'W 18 05' LJJ/ N4152'19'W 2123 L332 N0678'07W 29 05' LJ33 N282314W 2490' L334 N3545'0 'W 19,05' LJ35 N2873'14'W 150,- LJJ6 N4J51'16'W 2017' LM7 N10 42'02'W 2171' LJJ8 N/334'40'W 1380' LM9 N177928W 1919' LJ40 NI S J4'25'W 19 24' LJ41 N2176 29'W 20 53' 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NORTH CAROLINA NEW HANOVER COUNTY 1, MICHAEL N UNDERWL DRANK UNDER MY SUPS MADE UNDER MY SUPD t�RZLA `�Y EN LINES 011 AT THIS PLAT PARED I S 47 -JO AMENDED MY OORRl CENSE NUMBER AND Ste( D 20.12 SEAL OGMUP CERTIFICATE THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN AN AREA OF A COUNTY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND MICHAEL N UNDERWOOD, P L S L -2962 CERTIFICATE MAP REVIEW OFFICER I REVIEW OFFICER OF BRUNSWICK COUNTY, CERTIFY THAT THIS MAP OR PLAT TO WHICH THIS CER77FICA77ON IS AFFIMED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING REVIEW OFFICER DATE THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THE LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION REGULATION JURISDICTION OF THE BRUNSWICK COUNTY AND THAT 77415 PLAT AND ALLOTMENT IS MY FREE ACT AND DEED OWNERS SIGNATURE ADDRESS TELEPHONE NUMBER SURVEY REFERENCE LEGEND BOOK 2444 PACE 0144 £IP EXIS77NG IRON PIPE MAP CABINET 4 PAGE 37 I P S IRON PIPE SET MAP OF SURVEY FOR 0 PROPERTY CORNER BRUNSWICK COUNTY t APPROXIMATE PERFORMED BY R/W RIGHT- OF-WAY SHERWIN D CRIBB, PL S OHp OVERHEAD POKER DATED JULY 24 f996 NCNG NORTH CAROLINA LAST REVISION DATED NATURAL GAS NOV 05 2001 CONSERVA77ON MAREA MAP FOR RECORD WILMINGTON RIVER CLUB CONSERVATION EASEMENT SHEET 6 OF 7 MICHAEL UNDERWOOD and ASSOCIATES PA MICHAEL N UNDERWOOD PROFESSIONAL LAND SURVEYOR NORTH CAROLINA AND SOUTH CAROLINA 102 CINEMA DRIVE, SUITE A WLMINGTON, NORTH CAROLINA 28403 PH (910)815 -0650 GRAPHIC SCALE 1' =300 300 0 300 600 SCALE 1' =300' DATE JULY 2012 TOWNSHIP NORTHWEST DRAWN BY WC COUNTY BRUNSWICK CHECKED BY WC STATE NORTH CAROLINA APPROVED BY M N U CLIENT WILMINGTON RIVER CLUB, LLC ADDRESS 1508 MILITARY CUTOFF ROAD SUITE 302 WILMINGTON NC 28403 OFFICE FAX © 2012 MICHAEL UNDERWOOD and ASSOCIATES, PA LINE TABLE GOWTINUED LINE DIRECTION DISTANCE L734 8 02 42.98' L735 S80ro ' 99' L736 S 057Je ' L7J7 S8 J' 7 E J6 8' L738 b 0 9' L739 W6772,24-E =2g' L740 SJ3J56E 3320' L741 503 71 4,37 L742 455 34E law, L743 AQLV= 46,66' L744 NV 49,451V 6t45' 1745 L850 9 12' 1746 L851 J4,27' !747 -&jaT6jolW g 5' L74B B99JCV.2y 41.46' L749 V44152VIE 30 2' L750 L855 78 L751 5O'47E 15' L752 L857 S70'51' 36'W L75J L858 761' L754 0 9328 2341' L753 g , g 88300 -756 9 O' 1757 Na3v9,4jT 2-I M' L758 Nj82r4qlW 5301' L759 p' g9' L760 L865 p' L7B1 0820'JJ'W 37 91' L762 N112114oy 2&55' L76J N20281041w 7 35' L— L869 , L765 9' 'W 24 50' L766 L871 11' L767 • 3 - 1 L 76 L873 'W L769 NW75,451W S8 L770 3929'00 3509' L771 L876 62' L772 L877. 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OHP OVERHEAD POWER DATED DULY 24, 1996 NCNG NORTH CAROLINA LAST REVISION DATED NATURAL CAS NOV 05, 2001 ELA CONSERVATION AREA MAP FOR RECORD WILMINGTON RIVER CLUB CONSERVATION EASEMENT SHEET 7 OF 7 MICHAEL UNDERMOO and ASSOCIATES PA MICHAEL N UNDERWOOO PROFESSIONAL LAND SURVEYOR NORTH CAROUNA AND SOUTH CAROLINA 102 CNEMA DRIVIE- SUITE A WILMINGTON, NORTH CAROLINA 28403 PH (910)815 -0650 GRAPHIC SCALE. 1' =300 300 0 300 600 SCALE 1'300' DATE .A2Y 2012 TOWNSHIP NORTHWEST DRAWN BY WC. COUNTY BRUNSWICK CHEOCED BY WC STATE NORTH CAROLINA APPROVED BY M N U CLIENT WKM/NGTON RIVER KXUB, LLC ADDRESS 1508 MILITARY CUTOFF ROAD SUITE 302 WILMINGTON, NC 28403 OFFICE FAX © 2012 MICHAEL UNDO? WOOD and ASSOCIATES PA MAP CAB /NET .T.T pqGr 215 A', i , i a Cry 129.* ACRES / yVQCo, PRESENTLY BRUNSWWCC COUNTY — — — — — — — - b -- - S55'S3'1 SE CH -159 58' ARC =159 84' R -816 23'- — � 2' /I P ' �o, o MONUMENT 32 PER MAP CABINET LY 33 PACE 215 .40� A qt & 41p 7 FORMERLY 1 NOW OR BR UTSB V 91A�1 a 33 1 O\\ PER / TAL �lR 464 950 APPROMMAX LOCA71ON OF J O / g m y6� PER MAP CCAB/NET 33 PAGER 15 j / X53 4.j6.* ACRES / 189,855.* Sq.Ft 1 / "o1 �5 EASEMENT 8 -1 70.59.* ACRES ;074,897.* So FL .14ft ACRES IIK9 .* SoF I N.C. HWY No. 133__ E 2293176 74 PER MAP CABINET 3J PAGE 215 M07M 1) THE SUB„E'CT PROPERTY IS ZONED 7 -2' (INDUSTRIAL DIS7RICI) 2) THE SUBXCT PROPERTY -DOES NO LIE WITHIN A SPECIAL FLOOD HAZARD AREA AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY SAID D£SGRIBED PROPERTY IS LOCATED WITITIN AN AREA HAVING A ZONE DEMGNA77ON K(07HLR AREAS) BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD INSURANCE RATE MAP PANEL Na 2838 IHTH A UTECTNE DATE OF EDEN777CA770M OF DUNE 2 2006. FOR MAP NUMBER =0209800 d IN BRUNSWICK COUNTY, STATE OF NORTH CAROLINA WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP FOR THE COMMUNITY IN WHICH SAID PREMISES IS SITUATED A) SURVEY AND MAP SU8XCT 70 ANY EASEMENTS O'' RECORD. INFORMATION THAT WOULD BE DISCLOSED BY A CURRENT 777LE OPINION A) U7RUTY STATEMENT' THE UNDERGROUND UTILITIES SOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS THE SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED THE SURVEYOR FURTHER DOZES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCA77ON INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATEL Y AS POSSBIE FROM INFORMATION AVAILABLE THE SURVEKR HAS NOT PHYSCALLY LOCATED UNDERGYOUND UTILITIES 5.) DATE OF" SERVE?` E UGUSZ 2211 TRACT A' BOOK 2212 PAGE 706 BRUNSWICK COUNTY AIRPORT COIN MAP CABINET 33 PAGE 86 MAP CABINET 33 PAGE 215 LEGEND £CM EXISTING CONCRETE MONUMENT EI P EXISTING IRON PIPE ELR EXISTING IRON REBAR I P S IRON PIPE SET O PROPERTY CORNER f APPROXIMATE R/W RIGHT-OF-WAY ®CONSERVATION EASEMENT N04W'13'W 155000' N E P .T3 El � i1 Sr N a C3 , � 1 g 1 ` 1 ,v 1 $, N 1 1 M1S570/V \ 1 1 1 1 COaWWATES , 1 N 8645076 £ 229393122 PER MAP CABINET J3 PAGE= 86 \ lu \ m >� z J 21 M M = ,\ `f► RBINATES DOT R/W — 8646282 DISC ORIGIN 229342168 UN/P/OWN PER MAP CABINET PAGE 215 \ s IDO 2007\0ewlo \Td -Coast P,oDwtm LLC\Bmnawick County 8 WHITE SPRINGS 33 PONDS N $\ W E WaNITY MAP S '87 NO SCALE NORTH CAROLINA NEW HANOVER COUN Y C MICHAEL N UNDERW7OD. T 7N DRANN UNDER MY SUPER MADE UNDER MY S/ LINES SEAL CVAMP THIS SURVEY CREATES A SUBDIVI9 MI OF LAND W MIN AN AREA OF' A COUNTY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. CERTIFICATE MAP RENEW OFFICER RENEW OFFICER OF BRUNSNILYC COUNTY, CERTIFY THAT THIS MAP OR PLAT 70 NWCH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING RENEW OFFICER DAIS THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THE LAND SHOWN ON THIS PLAT IS WHIN THE SUBDIVISION REGULATION JJRISTICTION OF THE BRUNSWCK COUNTY AND THAT THIS PLAT AND ALLOTMENT IS MY FREE ACT AND DEED OWNERS SG/ATURE ADDRESS: TELEPHONE NUMBER — BOOK 2156 PAGE 400 BOOK 2212 PAGE 706 MAP BOOK 33 PAGE 215 MAP BOOK J3 PAGE 86 MAP FOR RECORD COVER SHEET DOLLAR PROPER 77ES THREE CONSERVA 77ON EASEMENT MICHAEL UNDERWOOO and ASSOQATE$ PA MICHAEL N UNDLRNOOD PROFESSIONAL LAND SURVEYOR NORTH CAROLINA AND SOUTH CAROLINA 102 CINEMA DRIVE, SUITE A WLMINGTON. NORTH CAROLINA 28403 PH (910)815 - GRAPHIC SCALE 1' =200 200 0 200 400 SCALE f-200' I DATE AUGUST 2012 TOWNSHIP SUITHVILLE I DRANK BY WC. COUNTY BRUNSWICK I CHECICED BY W STATE NORTH CAROLINA I APPROVED BY M N U CLENT DOLLAR PROPERTIES THRE& LLC ADDRESS 1508 MILITARY CUMFF ROAD, SI17E 302 WEMINGTON, NC 2840J OFFICE FAX ® 2012 MICHAEL UNDERWOCD and ASSOCIA7ES, PA \SLm y Point \dwg\MOL 09- 12- 12.dwg 9/12/2012 12.25 03 PM ml APPENDIX C. GEOGRAPHIC SERVICE AREA MAP Etwin r t\ Sunni of DLINN 212 � LaGranr - t 210 / ;Dudley tonGr is y17,'I Mt Olive S von Muni Airport 5 ring V plount Olive on LENOIR } ilrinq Lal? �/ '113, r. G41ypso �. 17_010 L f CUMBERLAND' Faison 41ilberta _4 t ` 403 Ruil Hill Fayetteville F, c1 -..:11 c Sled Salemburg _ . umbYrland F` 0001 Au,ryville Fl l Tut •Wrsaw '3 ' Rozeboro 24 tiar„ps��n Cn DUPLIN - Ali t l •.0 . ill:. ` 11Aaonr•lia Ei nbr•. 411 X421 RLx Ingold P.4 Hill o hinquapin >ainl Paul 87 Uh 210 Garland A \, V:hite :4: rJ ai �Te T Heel Wallac ells 1 41 will" V HIII 131 Dublin 11 � 41 \'i 3titn Lun •stun PAi sport + ,; BLADEN _ ;01 ad en b dro•; A 0 in on PENDER ,2 R7 11 7 nun 242 ncll Evergreen i7lf. is ' _ SNEEDEN TRACT ..q Cerro . F.tn raordo_ ._._..... ..-: — °._ •BK�ourn,;, :.' 76r e , - _ - '74�. Lak .-E n : 1-0 VJaccamaty -- - !o4 9w d , 1 1 „ Hallsboro 1426 , 8runs:.ick Lake 'Naccarnaw I ngton ;' C - X76' r: irp «.t+ COLUMBUS L of : -"4 G-Tarl D - - -,� rn {tabor City Green Na 1, in 7i 13 3 Sea f, J s a.•h BRUNSWICK ,�1 l r; arofIna Beach 410 / cif,•- - 9 Longwood ure Beach \ O ;h .111 one OG�� 1iWY� 1'S Occar� Bturtcv: n - -f - _ Lon s g % -o 1117 = a- .I,ort } �o � OaM Island Calabash Otea _ _ each WHITE SPRINGS v 111, Suns* TRACT y - sy _' t Little RIB, B l� arts s 'aNixonvill? s GrandStrmld op L Ali ". ORTH MYRTLE BEACH 1 Q�� Atlantic Beach Legend Windy Hill Beach - - 8 -digit HUC 03030005 I4 ' 1 T 12 Digit HUCs 1- T, F BEACH Myt III Beach `f' hill Airport CountyBoundary -„- LCFMB Sites 0 2.5 5 10 15 20 ,AF�PLN CITY Mint -n- Miles lil -t Lower Cape Fear Umbrella LMG Mitigation Banking Instrument LAND MANAGEMENT GROUP Mitigation Bank Appendix C. Geographic Service Area E,ioronmental Consultants Brunswick County, NC APPENDIX A CONSTRUCTION AND MONITORING COSTS Lower Cape Fear Umbrella Mitigation Bank (Brunswick County, North Carolina) I. Implementation Costs Permitting - Sneeden YRO $3,50000 Wells /Gauges (12) - Sneeden YR1 $12,50000 Construction - Sneeden (see Attachment A) YR2 $67,53450 Planting - Sneeden YR3 $4,85000 (Contingency (15 %) - Sneeden YR4 $13,25768 Permitting - White Springs $2,80000 Wells /Gauges (16) - White Springs $16,66700 Construction - White Springs (see Attachment B) $516,55450 Planting - White Springs $5,25000 Contingency (15 %) - White Springs $81,19073 Total 1 $704,63741 FINANCIAL ASSURANCE REQUIREMENT (30 %) $211,39122 II. Monitoring Costs Set up Monitoring Plots /As -Built YRO $39,50000 Annual Monitoring YR1 $36,800.00 Annual Monitoring YR2 $36,00000 Annual Monitoring YR3 $36,00000 Annual Monitoring YR4 $36,50000 Annual Monitoring YR5 $37,00000 Annual Monitoring YR6 $37,00000 Annual Monitoring YR7 $37,50000 Total $296,30000 FINANCIAL ASSURANCE REQUIREMENT (10 %) $29,63000 Attachment 1 OPINION OF PROBABLE CONSTRUCTION COSTS LCFUMB - SNEEDEN TRACT - STREAM AND WETLAND MITIGATION SITE Brunswick County, North Carolina Item Item Description Estimated Quantity Unit m i Price Bid Amount 1 _ Mobilization 1 LS $6,13950 $6,13950 2 Clearing and Grubbing 07 AC $1,00000 $70000 3 Grading - Excavate (— 4,750 CY) and Stockpile 1 LS $47,50000 $47,50000 4 Temporary Construction Entrance 1 EA $2,50000 $2,50000 5 Temporary Silt Fence 1,170 LF $350 $4,09500 6 Temporary Rock Silt Check 4 EA $35000 $1,40000 7 Temporary Seeding 20 AC $1,00000 $2,00000 8 Permanent Seeding 20 AC $1,60000 $3,20000 Total Bid $67,53450 The engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions Opinions of probable construction costs herein are based on the information known to the Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from the opinion of probable construction costs Attachment 2 OPINION OF PROBABLE CONSTRUCTION COSTS LCFUMB - WHITE SPRINGS - STREAM AND WETLAND MITIGATION SITE Brunswick County, North Carolina Item Item Description Estimated Quantity Unit m i Price Bid Amount 1 Mobilization 1 LS $41,75950 $41,75950 2 Clearing and Grubbing 11 0 AC $1,00000 $11,00000 3 Grading - Excavate (— 38,885 CY) and Stockpile 1 LS $388,85000 $388,85000 4 Impervious Channel Plugs 500 CY $1200 $6,00000 5 Floodplain Sill 80 LF $5000 $4,00000 6 Rip Rap - Class B 75 TON $5500 $4,12500 7 Temporary Construction Entrance 1 0 EA $2,50000 $2,50000 8 Temporary Silt Fence 2200 LF $350 $77000 9 Temporary Rock Silt Check 10 EA $35000 $35000 10 Temporary Seeding 220 AC $1,00000 $22,00000 11 Permanent Seeding 220 AC $1,60000 $35,20000 Total Bid $516,55450 The engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions Opinions of probable construction costs herein are based on the information known to the Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from the opinion of probable construction costs APPENDIX E. MITIGATION BANK INSURANCE POLICY Compensatory Mitigation Casualty Insurance Contact: Robert S. Spoth (703) 232 —0258 rspoth@eco-ins.com INDICATED PRICE, TERMS AND CONDITIONS LOWER CAPE FEAR UMBRELLA MITIGATION BANK INSURED: LCFUMB, LLC 1508 Military Cutoff Rd Suite 302 Wilmington NC, 28403 INDICATION DATE: November 13 2012 — held open for a period of 30 days then expiring unless an extension(s) is /are agreed in writing EFFECTIVE DATE: TBD, but in no event before the LCFUMB MBI is executed and signed by all required members of the IRT as well as LCFUMB, LLC Insurance cannot be bound prior to formal confirmation and without payment in full TERM: 12 01 am on the effective date of coverage and for a period of exactly 9 years RETRO DATE: Policy Inception, no retrospective coverage is offered CARRIER: Catlin Specialty Insurance Company COVERAGE FORM: Wetland Mitigation Bank Insurance Policy EGWL 050 0312, ATTACHMENTS: Title: Form Number: • Wetlands Mitigation Bank Insurance Policy Declarations Page EGWL 001 0312 • Nuclear Exclusion EGWL 600 0311 • Minimum Premium — 100% Earned at Binding EGWL 402 0911 • TRIA (Terrorism Risk Insurance Act) exclusion EGWL 601 0611 • Scheduled Insured Property and MBI Endorsement EGWL 300 0911 Location as outlined in the Mitigation Banking Instrument • Notice to Named Insured Endorsement EGWL 403 0911 • USACE Policyholders Notice PNAP 041 1211 Pagel of 3 Compensatory Mitigation Casualty Insurance Contact: Robert S. Spoth (703) 232 —0258 rspoth @eco- ins.com • Notice to Policy Holder - Claims Notice PNCL N12 0411 • Notice to Policy Holder - Privacy Policy PNAP 002 0112 • U S Treasury Department's Office of Foreign Assets Control ( "OFAC ") PNAP 003 1208 • In Witness Signature Page ABAP 401 0807 • Service of Suit ABAP 900 1008 LIMITS OF LIABILITY: Limit Endorsement — EGWL 401 0312 Limit Yr 1 $ 350,000 Yr 2 $ 380,000 Yr 3 $ 292,500 Yr 4 $ 205,000 Yr 5 $ 205,000 Yr 6 $ 117,500 Yr 7 $ 50,000 Yr 8 $ 50,000 Yr 9 $ 15,000 Total Collective Limit $1,655,000 DEDUCTIBLE: $5,000 Payable by LCFUMB, LLC -0- as to the USACE Wilmington, NC District PREMIUM: $ 47,000 00 Premium $ 9,40000 Ecosystems Insurance Associates, LLC Fee for Service (20 %) $ 2,82000 Surplus lines taxes (NC tax 5 % of premium and fee) $ 000 State Fee & Stamping Fee ( -0- %) $ 59,220 00 Total Due at Binding TRIA NOTICE: "Terrorism" refers to terrorism losses covered by the Terrorism Risk Insurance Act of the United States of America as defined in Section 102(1) of the Act Please refer to the Important Notice to Policyholders which outlines both the Federal Government's and the Insurance Company's obligation of payment under the Terrorism Risk Insurance Act Page 2 of 3 Compensatory Mitigation Casualty Insurance CONDITIONS PRECEDENT: Contact: Robert S. Spoth (703) 232 —0258 rspoth@eco-ins.com The above is subject to our receipt and satisfactory review of the following information, PRIOR TO BINDING: 1 Original, signed and dated, TRIA Disclosure Notice ABAP D00 0308 2 Ecosystems Insurance Associates Signed Fee Agreement 3 Original signed and dated surplus lines acknowledgement form(s) WITHIN 10 DAYS OF BINDING: Copy of the final signed MBI Monitoring Reports (if any) Issues, circumstances or claims as they become known Standard Terms and Conditions 1 The premium is due at binding 2 As part of the terms and conditions of your policy, Catlin may perform an Environmental Risk Assessment (ERA) or other type of Loss Control Survey during the policy period All surveys will be at Catlin's cost Adequate coordination and scheduling will be arranged between Catlin and the Insured prior to the visa SIGNATURE: 11/13/2012 Ro rt S of , President Date Ecosyster s Insurance Associates, LLC Thank you for allowing Ecosystems Insurance Associates, LLC to serve your needs and for the confidence you have placed in us Page 3 of 3 Policy Number CA -IF LI1-4 Previous Policy Number MITIGATION BANK INSURANCE POLICY DECLARATIONS INSURER I UNDERWRITING OFFICE I PRODUCER I Catlin Specialty Insurance Company 160 Greentree Drive Suite 101 Dover, DE 19904 1600 Market Street Suite 1616 Philadelphia, PA 19103 MADE AND REPORTED COVERAGE NOTICE THIS IS A CLAIMS -MADE POLICY. THIS POLICY K REQUIREMENTS UNIQUE TO IT AND MAY BE DIFFERENT FF INSURED" MAY HAVE PURCHASED. FOR THERE TO BE COI MUST FIRST BE MADE BY THE "REGULATORY BODY" DURI INCLUDES NO DUTY TO DEFEND OR PAY DEFENSM- -STS. PLEASE READ THE ENTIRE POLICY CAREF ITEM 1 1t"..� AIN PROVISIONS AND ER POLICIES A "NAMED UNDER THIS POLICY, A "CLAIM" ;'POLICY PERIOD ". THIS POLICY Named Insured- Mitigation Bank Mailing Address- B) 'A' A ) Mitigation Bank B) Insure perty� ITEM 2i Policy Period From To \ At'12 °01 A M both dates at your mailing address shown above NoteTh`e vfollowing,�or similar language, will be stamped to the policy This is a state regulatory requirement for all non - standard (surplus lines) policies Surplus Lines policies all require tha agen s have separate state licenses This stamp is placed on the policy by the surplus lineslicensed agent to identify the surplus lines license and to identify the Non - admitted status of the insurer This Company is not licensed to do business in (State) Insurance Guarantee Act Excess & Surplus Lines Broker (License #) (Name) (State), and is not subject to the (address) EGWL 001 0312 ©, 2011, Catlin, Inc Page 1 of 2 ITEM 3• LIMIT OF LIABILITY The Limit of Liability shown below are for the respective terms Please refer to the endorsement attached to this policy "Amendment of Limit of Liability Endorsement' (EGWL 401) for the actual limit in force Limit of Liability beginning at 12 01 am on the beginning date listed and ending date 12 01 on the ending date listed in the EGWL 401: LIMIT: ITEM 4: DEDUCTIBLE $ ITEM 5: RETROACTIVE DATE: ITEM 6: POLICY PREMIUM Per Claim 1 the inception date of the ITEM 7: REGULATORY BODY: Name Address �/ The name and address above,,wll be used for all notices to the "regulatory body" ITEM 8: FORMS ANDoENDORSEMENTS FORMING A PART OF THIS POLICY AS OF THE INCEPTION DATE See attached schedule >offorms and endorsement STATiE.AND AMENDATORY ENDORSEMENTS: THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) ANDMNY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY Ki EGWL 001 0312 ©, 2011, Catlin, Inc Page 2 of 2 Countersigned B Date Authorized Representative Scott McDougall EGWL 001 0312 ©, 2011, Catlin, Inc Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured: Specimen Form Policy Number: Specimen Form Policy Period From: To: Forms and Endorsements PNAP 002 0112 Privacy Policy PNAP 003 1208 US Treasury Dept office of Foreign Assets Control (OFAC ) PNAP 041 1211 Mitigation Bank Insurance Coverage Forms (USAGE Notice) ABAP 900 1008 Service of Suit ABAP 401 0807 In Witness Endorsement ABAP 302 1007 Schedule of Forms and Endorsements EGWL 001 0312 Mitigation Bank Insurance Policy Declarations EGWL 050 0312 Mitigation Bank Insurance Coverage Form EGWL 600 0311 Nuclear Energy Exclusion Endorsement EGWL 403 0911 Notice to Named Insured Endorsement EGWL 401 0312 Amendment of Limit of Liability Endorsement EGWL 402 0911 Minimum Premium Endorsement EGWL 300 0911 Scheduled Insured Property and Mitigation Banking Instrument Endorsement EGWL 601 0611 Exclusion of Certified Nuclear, Biological, Chemical or Radiological Acts of Terrorism and Exclusion of other Acts Terrorism Committed Outside the United States, Cap on losses from Certifies Acts of Terrorism PNCL N12 0811 Claims Notice ABAP 302 1007 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM PREMIUM ENDORSEMENT This endorsement modifies insurance provided as follows, It is understood and agreed the premium designated in the declarations is the minimu premium that applies to the policy period shown in the declarations and is 100% earned at inception This endorsement otherwise stated A Insurance Company,, it is attached and is effective on the date issued unless ly when this endorsement is issued subsequent to Authorized Signature Endorsement No EGWL 402 0911 ©, 2011, Catlin, Inc Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY EXCLUSION ENDORSEMENT In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that the following is added to the Policy NUCLEAR ENERGY EXCLUSION The Company shall not be liable to make any payment in connection (a) arising out of, based upon or in consequence of, directly or indi any way involving "HAZARDOUS PROPERTIES" of "IVUCLEAF (b) which coverage is provided under a nuclear eperggy, liabilitypac Energy Liability Insurance Association, Mutual Atom Energy L Nuclear Insurance Association of Canada, or wo Id be insu ed un for its termination or exhaustion of its limit of liabditvNor (c) with respect to which For the purpose of this Endorsement, Hung -rrom or in AL", or ied by Nuclear inderwnters, or such policy but cial protection pursuant to thereof, or is Polprnot been issued, would be entitled to :)f America, or any agency thereof, under any fed States of America, or any agency thereof, to Section VII DEFINITIONS • "BYPR"ODUCT MATERIAL" shall have the meaning given in the Atomic Energy Act of 1954 or in any law amenla ory thereof • "HAZARDOUS PROPERTIES" shall mean radioactive, toxic or explosive properties "NUCLEAR FACILITY" means Y� " y any "NUCLEAR REACTOR ", I 2 any equipment or device designed or used for i separating the isotopes of uranium or plutonium, ii processing or utilizing "SPENT FUEL ", or ui handling, processing or packaging "WASTE ", 3 any equipment or device used for the processing, fabricating or alloying of "SPECIAL NUCLEAR MATERIAL" if at any time the total amount of such "SPECIAL NUCLEAR MATERIAL" in the custody of the "Named Insured" at the premises where such equipment or device is located consists of or contains more EGWL 600 0311 Includes copyrighted material of Insurance Services Office, Inc, with Page 1 of 2 its permission than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, or 4 any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "WASTE ", and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations "SPENT FUEL" means any fuel element or been used or exposed to radiation in a "NUCL "WASTE" means any waste 1 containing or or liquid, which has Insured _ Insurance Policy No Authorized Signature Endorsement No Premium EGWL 600 0311 Includes copyrighted material of Insurance Services Office, Inc, with Page 2 of 2 its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED NUCLEAR, BIOLOGICAL, CHEMICAL OR RADIOLOGICAL ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES; CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided as follows A. The following exclusion is added This insurance does not apply to TERRORISM OF 1. "Any Claim" arising, directly or indirectly, out of a ' ertdied ac = terrors However, this exclusion applies only when one or more of the followin a e ttnbute s I c act a. The terrorism involves the use, release or escape of u mater s, or directly or indirectly results in nuclear reaction or radiation or adioactive c to i t o , or b The terrorism is carried out by megans h is al i t of pathogenic or poisonous biological or chemical aib ials, o c Pathogenic or poisonous biolog al o >h ical m enals are released, and it appears that one purpose of the terrorism was arelg�ase maten I f 2. "Any Claim" ansing, directly o directly, out of ' t e act of terrorism" that is committed outside of the United States (mcludi its territories and ossessions and Puerto Rico), but within the "coverage territory" Howev r, this exclusion pp( es only when one or more of the following are attributed to such act a The total of m red damag t all typ s of property exceeds $25,000,000 (valued in U S dollars) In de rminmwhether th $25,000,000 threshold is exceeded, we will include all insured damag staine by *%joperty of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property For the pDurpose of tNv' sion insured damage means damage that is covered by any in u4e plus dat0would be cove red by any insurance but for the application of any %rrons exc usion b. Fy or ore persons sustain death or serious physical injury For the purposes of this provision, serious physical injury means (1) Physical injury that involves a substantial risk of death, or (2) Protected and obvious physical disfigurement, or ( Protracted loss of or impairment of the function of a bodily member or organ, or 4 go c. The t;erronsm involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination, or d. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials, or e. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials With respect to this exclusion, Paragraphs a and b describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident EGWL 6010611 Includes copyrighted material of Insurance Services Office, Inc, with its Page 1 of 3 permission B. The following definitions are added 1 For the purposes of this endorsement, "any claim" means a written notice given by the "regulatory body" to the Company setting forth in detail the information required by Section V A under this Coverage Part to which this endorsement is applicable, and includes but is not limited to "any claim" as may be defined in this Coverage Part 2 "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following a. The act resulted in insured losses in excess of $5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act, and b The act resulted in damage (1) Within the United States (including its territories and possessions and uerto Rico , or (2) Outside of the United States in the case of (a) An air carrier (as defined in Section 40102 of title 49, U ited S a es Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is s bject to a Elation in the United States), regardless of where the loss oc -urs, o (b) The premises of any United States mission, a c. The act is a violent act or an act that is dangerous t n life, o e or infrastructure and is committed by an individual or individuals as part of e , to co r e the civilian population of the United States or to influence th cy or a ct t c duct of the United States Government by coercion 3. "Other act of terrorism" means a violARLciV_idual or a ct ha is angerous to human life, property or infrastructure that is committed by a or dividual and that appears to be part of an effort to coerce a civilian populatio or i fluenc h policy or affect the conduct of any government by coercion, and t ac i not a ' e fled a of terrorism" Multiple incidents of an "othe act of terrorism" i • occur within a seventy -two hour period and appear to be carried out in co cert or to ha v a ;e ated purpose or common leadership shall be considered to be one injaident C In the event of any subject to this exclt under this Coverage W acf' of terrorism" or an "other act of terrorism that is not not apply to any loss or damage that is otherwise excluded D If aggregat insured fosses attribTtable to terrorist acts certified under the federal Terrorism Risk Insurance Act xe ceed $100 billion in a Program Year (January 1 through December 31) and we have met our igsurer"'eductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any po on of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures es ablistie by ttie &Secretary of the Treasury All other EGWL 6010611 and exclusions remain unchanged Includes copyrighted material of Insurance Services Office, Inc, with its Page 2 of 3 permission Insurance Company it is attached and is effective on the date issued unless required only when this endorsement is issued subsequent to Authorized Signature EGWL 6010611 Includes copyrighted material of Insurance Services Office, Inc, with its Page 3 of 3 permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT The following service of suit provision is added and replaces any other Service of Suit provision contained elsewhere in this policy The Superintendent, Commissioner or Director of Insurance of the State is hereby designated the true and lawful attorney of the Company upon whom may be served all law'"ful process in any action, suit or proceeding arising out of this policy The Company further designates Steve Adams Legal Counsel 3340 Peachtree Road WE Suite 2950 Atlanta, GA 30326 ®' as its agent to whom such process shall be forwarded For Illinois exposures, the Insurer further desi his successors in office, as its true and lawful any action, suit or proceeding instituted by arising out of an Illinois exposure and this cohl All other terms, conditions and Ilh dis Division of Insurance and �y� a served any lawful process in red or any beneficiary hereunder ABAP 900 1008 Page 1 of 1 IN WITNESS ENDORSEMENT CATLIN SPECIALTY INSURANCE COMPANY ADMINISTRATIVE OFFICE 3340 Peachtree Road N E Tnuvcr Dinnn 1 nn :her Richard S Banas President ABAP 401 0807 Steven C Adams Secretary . __. . ,r, • ,•, , CLAIMS NOTICE All claims must be reported to Catlin at Catlin Attn: Claims P.O. Box 8049 Scottsdale, AZ 85252 E -mail: CatlinClaims .EnergyCa)catlin.com Phone: 888 - 443 -4910 Fax: 404 - 443 -4912 PNCL N12 0811 Page 1 of 1 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC "l No coverage is provided by this Policyholder Notice nor can it be construed to replace `any provisions of your policy You should read your policy and review your Declarations page for complete information on the coverages you are provided This Policyholder Notice provides information concerning the possible impact o-n your insurane coverage provided under your policy due to directives issued by OFAC Please read this Policyholder Notice carefully 1 � OFAC administers and enforces economic and trade sanctions4ased on US foreign policy and national security goals based on Presidential declarations o national emerg < OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations Narcotics traffickers as "Specially Designated Nationals Treasury's web site – http / /www trl In accordance with OFAC entity claiming the benefit; Designated National and I blocked or frozen contract When an insurance-policy , % - premium refunds,' ay.,be and Davments,mav also a list can be found on the United States if it is deteVnined that you or any other insured, or any person or ance hayiolated US sanctions law or is a Specially on,�as identified by OFAC, this insurance will be considered a sions of this insurance will be immediately subject to OFAC J4o be such a blocked or frozen contract, neither payments nor ,authorization from OFAC Other limitations on the premiums PNAP 003 1208 Page 1 of 1 PRIVACY POLICY Catlin insurance group [the "Companies "], believes personal information that we collect about our customers, potential customers, and proposed insureds [referred to collectively in this Privacy Policy as "customers "] must be treated with a high degree of confidentiality For this reason and in compliance with the Title V of the Gramm - Leach- Bliley Act [ "GLBA "], we have developed a Privacy Policy that applies to all of our U S based companies For purposes of our Privacy Policy, the term "personal information" includes all nonpublic information we obtain about a customer and maintain in a personally identifiable way In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws, all individuals with access to personal information about our customers are required to follow this policy Our Privacy Statement Your privacy and the confidentiality of your business records are important to us Infi information is essential to the business of insurance and critical to our abilitCotrust prc effective service and products We understand that gaming and keepmg4yo and integrity of our records concerning you Accordingly, our practice isto;/ -4 and theanalysis of you exceller , cost- s upon the security are with us or for the purposes of reputable references and deliver to you excellent )r7o5qj business in a secure and confidential se personal information about you or your �� of Companies or to third party service permitted to do so by law, any claimants under any policy of insurance, !ss the disclosure is for any specific business 6 Attempt, with your help, tkeep our recor s regarding y u and your business complete and accurate, and will advise you how and whereto accessyour accountgmformation [unless prohibited by law], and will advise you how to correct errors or a changes to that nf6rmation, and 7 Audit and assess our operations, personnel -and third parry service providers to assure that your privacy is respected We collect ',from a customer or potential customer only the personal information that is necessary for [a] determm nI g -lehgibdity forAthe product or service sought by the customer, [b] administering the product or service obtained, and [c] advising the customer about our products and services The information we collect generally comes from the_ aro-wma sources Submission — During the submission process, you provide us with information about you and your business, such as your name, address, phone number, e-mail address, and other types of personal Quotes — We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you The information we collect will vary with the type of insurance you seek We collect most of our information directly from you through our agents or broker Depending on the nature of your insurance transaction we may need additional information from outside sources such as motor vehicle records, loss information reports, court records or other public records In some instances, we may send someone to inspect your property and verify information about its value and condition, and a photo of the property may be taken, PNAP 002 0112 Page 1 of 3 Transactions — We will maintain records of all transactions with us, our affiliates, and our third party service providers, including your insurance coverage selections, premiums, billing and payment information, claims history, and other information related to your account, Claims — If you obtain insurance from us, we will maintain records related to any claims that may be made under your policies The investigation of a claim necessarily involves collection of a broad range of information about many issues, some of which does not directly involve you We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so The process of claim investigation, evaluation, and settlement also involves, however, the collection of advice, opinions, and comments from many people, including attorneys and experts, to aid th claim specialist in determining how best to handle your claim In order to protect the legal and transactional confidentiality and privileges associated with such opinions, comments and advice, we will not disclose this information to you, and We do not disclose personal rm X -cp formatit an unaffiliated third party for servicing purposes or point marketing purposes unless4 a\ contract- containing a�,confidentiality /non - disclosure provision has been signed by us and the third party Unless ,4a consumer consents, we do not disclose "consumer credit report" type information obtained from an application o�jaA credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose,of serving as a factor in establishing a consumer's eligibility for credit, insurance or employment ,Consu merc��edit report type information" means such things as net worth, credit worthiness, lifestylenformation [piloting, skydiving, etc ] solvency, etc We also do not disclose to any unaffiliated third party a policy or account number for use in marketing We may share with our affiliated companies information that AM relates to our,expenence and transactions with the customer Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed However, an authorization shall not be prohibited, restricted or required for the disclosure of certain insurance functions, including, but not limited to, claims administration, claims adjustment and management, detection, investigation or reporting of actual or potential fraud, misrepresentation or criminal activity, underwriting, policy placement or issuance, loss control and /or auditing PNAP 002 0112 Page 2 of 3 \ , 011, 404 jo . Access to Your Information Our employees, employees of our affiliated companies, and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you We may also disclose information about you to the following categories of person or entities A state insurance department or other governmental agency, if required by Any persons entitled to receive information as ordered subpoena Lienholder, mortgagee, assignee, lessor, or other a legal or beneficial interest in a policy of insuranc Parties acting in a fiduciary or requested or authorized by you Violation of the Privacy Policy Any person violating the Privacy Policy For more information or , stator local laws, or rt order search warrant, or our agent's as having administering transactions as p to and including termination ing this privacy statement, please contact your broker PNAP 002 0112 Page 3 of 3 MITIGATION BANK INSURANCE COVERAGE FORM The US Army Corps of Engineers (Corps) has the authority to require financial assurances for the establishment of mitigation banks, which are designed to offset unavoidable impacts to the waters of the United States authorized through the issuance of Department of the Army permits pursuant to section 404 of the Clean Water Act (33U S C 1344) and /or sections 9 or 10 of the Rivers and Harbors Act of 1899 (33 U S C 401,403) The Named Insured proposed a Mitigation Banking Instrument for Corps approval, as described more specifically attached hereto Wetland Mitigation Bank Insurance Coverage Form and affixed endorsements The "regulatory body" has the sole obligation, responsibility and accountability for determining compliance with "compensatory mitigation" requirements for the aforementioned mitigation bank PNAP 041 1211 Page 1 of 1 MITIGATION BANK INSURANCE COVERAGE FORM CLAIMS MADE AND REPORTED COVERAGE CA -IF LIN NOTICE. THIS IS A CLAIMS -MADE POLICY. THIS POLICY HAS CERTAIN PROVISIONS AND REQUIREMENTS UNIQUE TO IT AND MAY BE DIFFERENT FROM OTHER POLICIES A "NAMED INSURED" MAY HAVE PURCHASED. FOR THERE TO BE COVERAGE UNDER THIS POLICY, A "CLAIM" MUST FIRST BE MADE BY THE "REGULATORY BODY" DURING THE "POLICY PERIOD ". THIS POLICY INCLUDES NO DUTY TO DEFEND OR PAY DEFENSE COSTS. PLEASE READ THE ENTIRE POLICY CAREFULLY. Various provisions in this Policy restrict coverage Read the entire Poli duties, and what is and is not covered A Words and phrases that appear in quotation marks have special meaning Refer to DEFINITIONS (Section VII ) The word "Company' when used throughout this policy refers to the Corr identified as the insurer in the Declarations .� In consideration of the payment of the premium by the Named Indite ", in reliance upon the statements in the Application made a part hereof, and subject to th, ! iy t of Liabdit o this insurance as set forth in the Declarations, and the exclusions, conditions, �d othe er � s f�s Po icy, the Company agrees with the "Named Insured" as follows I INSURING AGREEMENT In the event of the "Named Insureds" failure during th " olicy period" to meet "performance standards" under the "mitigation banking i�r s�t, merit° t the "insured property," the Company agrees to undertake and complete or secure through .p�a,,y„ „merit, whe hie directly o through a "Third Party,” the 'compensatory mitigation' for which the' �m'ed Insured'' is le a I�s onsible under the "'Mitigation Banking Instrument," provided the'regulatory body' first makes a'claim to the Company in writing and during the'policy period' " II. TERRITORY This PoIt y only applies fo a "claim" made or brought in the United States of America III EXCLUS This insurance does not apply to "claims" or to any costs arising out of any "claims" based upon, arising out of, or to any extent'comprised of any of the following A An Act of God, including any natural catastrophe or disaster, B Any property or location other than the "insured property" C Liability of the "Named Insured" under or pursuant to any document, contract or agreement other than (i) the "mitigation banking instrument," (n) any contract entered into to perform work required by the "mitigation banking instrument" and /or (m) any other contract required by the "regulatory body" to provide for restoration, rehabilitation, adaptive management and /or any contingency plan at the "insured property " EGWL 050 0312 ©, 2011, Catlin, Inc Page 1 of 7 D. Any legal fees, attorneys' fees, costs, or expenses including expert or consultant fees incurred in the defense of the "Named Insured" for any reason other than for liability under the mitigation banking instrument, E. Fluctuation in, short fall of, or devaluation (in whole or in part) of, the monetary value of, or marketability of, mitigation credits or other equivalent credits, F Any "claim" (i) not first made during the "policy period" or (n) for which notice thereof was not provided by the "regulatory body" to the Company in writing during the "policy period " IV. LIMIT OF LIABILITY AND DEDUCTIBLE A The Company's total liability for all costs shall not exceed thellnit ofliabdity seff6ift (i) in Item 3 of the Declarations or (ii) in any endorsement to thi'fs Policy modifl or reducing that Limit of Liability in force at the time when the "claim" is first made � B Regardless of the number of "claims" made to the 83ompany the total liabdi of the Company for any and all "claim(s)" for costs shall be considere� a single claim" sub ect to the Limit of Liability set forth (i) in Item 3 of the Declarations or u) m any e o se ent to this Policy modifying or reducing that Limit of LiabilityA force at tie ti a when the "claim" is first made C. The Limit of Liability set forth (i) in Item 3 o thTWeclara ions o n) in any endorsement to this Policy modifying or reducing tha bill in force at the time when the "claim" is first made, shall remain unchanged "re latory body" approves in writing a modification or reduction in the Limiof Lia dity In�that case, the Company shall reduce or adjust the Limit of Liability accordingly by issi� Nganldorsement to the Policy setting forth the new Limit of Liability 11 A D. The Company's fi c a ial obli$ ation under this Policy is, at its sole discretion, to undertake and complete o secure throu3gltpayme t 'compensatory mitigation" pursuant to a "claim", which financia o ligation extends onlyUo such "compensatory mitigation" or its payment as maybe undert J and completed with the difference between (i) the value of the deductible stated inethe Decta a ions and ii the Limit of Liability set forth m Item 3 of the Declara ions orrn) i any endorsement to this Policy modifying or reducing that Limit of Liability in forc�� ti at the m when the claim is first made However, the 'Named Insured 's" fad�ure.to satisfy the deductible does not release the Company's obligation to respond, investigateadtust or settle any claim including the Company's obligation to pay deductible amount(s)on behalf of the "Named Insured" Thereby, The Company at its sole election and option, mayeither 1)'Undertake tee and complete, or pay any amount or all of the deductible amount to a third t� partyio secure, the "compensatory mitigation" and upon notification of the action taken, the ,Named Insured" shall promptly reimburse the Company for such part of the deductible amount as had been paid by the Company, or 2) Simultaneously upon receipt of notice of any "compensatory mitigation" or at anytime thereafter, call upon the "Named Insured" to pay or deposit with the Company all or any part of the deductible amount, to be held and applied by the Company as herein provided The deductible amount indicated is on a per "claim" basis A separate deductible amount will be applied to each "claim " The deductible will erode the Limits of Liability EGWL 050 0312 ©, 2011, Catlin, Inc Page 2 of 7 V. NOTICE PROVISIONS A NOTICE OF CLAIM The "regulatory body" shall provide written notice to the Company of a "claim" as soon as practicable Such "claim" notification must be in writing and shall contain the following information 1 a brief explanation of the events and circumstances that resulted in 1:11 � 2. any other information the "regulatory body" deems relevant to _the "claim" The "Named Insured" shall make all responsible personnel and all available info Insured" available to the Company upon reasonable request B. NOTICES 1. All notices required by this Item V Notice P to the Company at the address state( h in writing and sent 2 The Company shall provide note e o th e I su ed" and "regulatory body" of all changes, amendments, endorse Ant s to h olic shall provide all written correspondence to the "regulato boW inc uding correspondence regarding any "claim" to the "regulatory body" noted in form E Q WL 403 Notice to the Named Insured Endorsement VI. CONDITIONS A. ASSIGNMENT This Policy is not assignable except with the prior written consent of the Company which consent shall belgranted at the Company's sole discretion B. B NNKRUPTCY,'- Bankruptcy'or insolvency of a "Named Insured ", or its agents, contractors, ork'subcontractors, shall not4eheve the Company or the "Named Insured" of their obligations under this Pol cy, including the obligation of the Company to pay "claims" not to exceed the S "Limit ofliabAity set forth (i) in Item 3 of the Declarations or (n) in any endorsement to this Pohcy modifying or reducing that Limit of Liability in force at the time when the "claim" is first CANCELLATION, TERMINATION AND RELEASE — Except as provided in paragraph 2 below,.�the Policy shall remain in effect until cancellation and release is approved by the "regulat ry body" The Company shall notify the "regulatory body" of a proposed cancellation and release of the Policy no less than 120 days prior to the proposed cancellation and release date To approve cancellation of this Policy and a release of the Company, the "regulatory body" shall provide written notice to the Company as soon as practicable that the "regulatory body" has accepted a replacement financial assurance mechanism, deems that such mechanism is no longer required, or has otherwise determined that this Policy is no longer required by law within its authority The "regulatory body's" written notice to the Company shall include an effective date for the cancellation and release EGWL 050 0312 ©, 2011, Catlin, Inc Page 3 of 7 On the effective date of the "regulatory body's" approved cancellation and release of the Company, the Company shall be released from any and all liability or obligations under the Policy to the "Named Insured ", the "regulatory body" or its designee, including any existing or future liability or obligations arising from "claim(s)" previously reported or pending under the Policy if the "regulatory body" has expressly approved such release from pending "claims" in accordance with the above provisions D. TERMINATION OTHER THAN BY CANCELLATION — Coverage shall also terminate at the earlier of the following times without "regulatory body" approval 1. the "policy period" expiration as shown in Item 2 of the Declarations, 2 a written acknowledgement, certification or other legally equiva ent determination by the "regulatory body" that the "Named Insured" has met the "success criten " set4orth in the " mitigation banking instrument" or in the "contingency plan ", if the egulator body determined in writing that the criteria contained in such" contingency plan" have replaced the "success criteria" contained in the "mitigation banking instrument "4 The "Named Insured" shall not be released from any of its obligations to the Company under this P,olicy bywirtue of any such "compensatory mitigation" undertaken and /or completed or secured through payment by the Company or a third party authorized to receive the payment, including the''Name&Insured's" duties to pay or reimburse any deductible amount CONFLICTS — In the event of a conflict between (i) any state or federal laws or regulations (i cludgngihe "Mitigation Banking Instrument ") applicable to the "bank" named in this policy and '(n)'the�Named Insured's" rights under this policy, the former shall prevail In no event shall the Company be liable to the "Named Insured" for failure to perform an act precluded by the applicable laws or regulations Furthermore, any changes in applicable state or federal law or regulations made after the commencement of the "policy period" shall not be deemed to affect the Company's obligations under the Policy unless and until agreed to by the Company and endorsed in writing on this Policy H. LIMIT OF LIABILITY CHANGE —Any increase in the Limit of Liability shall only occur by endorsement to the Policy upon the Company's consent in its sole discretion The Company may request as a condition to increasing the Limit of Liability that the "Named Insured" pay an EGWL 050 0312 C, 2011, Catlin, Inc Page 4 of 7 additional premium and /or provide collateral to the Company, including providing funds in a nominal commutation account as specified in an endorsement if and when endorsed hereto DECLARATIONS — By acceptance of this Policy, the "Named Insured" agrees that the statements in the Declarations and Application are its agreements and representations, that this Policy is issued in reliance upon the truth of such representations and that this Policy embodies all agreements existing between the "Named Insured" and the Company or any of its agents relating to this insurance The "Named Insured" expressly agrees that in entering into this Policy it has not relied on any statement by any person, agent, or broker not directly employed by the Company regarding the terms, provisions, coverage or interpretation of this Policy Misrepresentations by the "Named Insured" do not invalidate the Company's obligation to the "regulatory body" in the event of a claim Any misrepresentation may result m a dispute between the "Named Insured" and the Company \ L. MODIFICATION —The writing any endorsement unless the "regulatory body" approves in M. NO THIRD PARTY BENEFICIARY — No third party beneficiaries are created as a result of this Policy, except to t extent thattsspecific nghts are conferred on the "regulatory body" by the Policy This Polio createsWno ngh-ts by or on behalf of any other third parties Should the Company elect to unde ake and complete any required "compensatory mitigation" any contracts or agreement be ee�the Comp ny and a party or parties undertaking and completing such " compensafory mite anon" shall be a separate, independent agreement from this Policy, and this Policy, shall confer no specific�or general rights or benefits to any party to such contract or agreement The Company has no obligation under this Policy to any third party whatsoever (other than the regulato body ") and specifically, without limitation, has no obligation to undertake and complete or otherwise secure through payment "compensatory mitigation" for anyone other than the "regulatory body" or its designee as set forth in Item E above Nothing in this paragraph,shall be construed to restrict any other interests and rights of the "regulatory body" under -this Policy as such interests and rights may exist hereunder or may be conferred under _�:_applicable1aw at the time of issuance of the Policy However, any changes in the applicable regulations shall not be deemed to affect the Company's obligations under the Policy, unless a"greedto and endorsed in writing on this Policy N OTHER INSURANCE —The insurance provided under this Policy is primary insurance, except this insurance shall be excess 1 Over any surety bond or other financial assurance instrument applicable to the "claim" covered under this Policy When this insurance is excess over any surety bond, or other financial assurance instrument, the Company shall be obligated to undertake and complete or otherwise secure through payment "compensatory mitigation" of a value up to the amount which exceeds the total amount of that EGWL 050 0312 ©, 2011, Catlin, Inc Page 5 of 7 LFI other surety bond or other financial assurance instrument available to pay for the "claim" in the absence of this insurance When this insurance is primary and the "Named Insured" has other insurance which is applicable on an excess basis to any "claim ", the amount of the Company's liability under this Policy shall not be reduced by the existence of such excess insurance When both this insurance and other insurance apply to the "claim" on the same basis, whether primary, excess, or contingent, the Company shall not be liable under this Policy for a greater proportion than that set out in the declarations or the following contribution provision, whichever method is lower a Contribution by Equal Shares — Under this approach, eac insurer cont amounts measured by the actual value of (i) "compensato. mitigatio " v undertaken or completed or otherwise secured through,payment by the (n) any funds paid by any other insurer, until it has paid its applicable lim insurance, or b Contribution by Limits — Each insurer's s limit of insurance to the total applicable lir O. PREMIUM — the Policy Premium stated in Item 6 oft inception date of this Policy, and any cancellation or to "Named Insured" or by the Company sha no r su t in of all ibutes equal rk ompany or I of 111 applicable ns is fully earned on the He Policy either by the any Policy Premium P. SUBROGATION — In the event of an a me de'Ff is Policy, the Company shall be subrogated to any right of recovery t at ame In ured may have against any person or organization other than the "reg la ry body" its designee A "Named Insured" to the extent permitted by applicable law shall execute an el ver instruments and papers and do whatever else is necessary to secur and protect suc h rig t The "Named Insured" shall do nothing to prejudice such rights , nder this paragraph a d shall cooperate with respect to any subrogation efforts In the ev that the " med Insured" commits fraud, the Company and the "Named Insured" agree that the Compa y may su rogate and /or bring suit against the "Named Insured" who commit such fraud In the even the Company notifies the "Named Insured" that it intends to assert a claim ainstihe "Named Insured" arising out of fraud, the "Named Insured" shall, upon receipt of. us ch notifica ion, be released from its duty of further cooperation with the Company concerning brogation as setxforth in this paragraph solely concerning matters that are the subject of such, fraud claims 7 A. "Mitigation Bank -means the mitigation protect referenced in the "mitigation banking instrument' and set forth in Item 1 of the Declarations B. °Claim" means a written notice given by the "regulatory body" to the Company setting forth in kf detail' information required by Section V A of this Policy C. "Adaptive Management plan" as defined in 33 CFR 332 4(c)(12) means the written plan that specifies the remedial actions or adaptive management measures that must be taken to meet the "Performance Standards" set forth in the " mitigation banking instrument" and /or approved mitigation plans for the "mitigation bank ", provided that such plan is prepared, documented, approved and filed in compliance with applicable law, including "regulatory body" approval D. "Inception date" means the beginning of the "policy period" set forth in the Item 2 of the Declarations EGWL 050 0312 ©, 2011, Catlin, Inc Page 6 of 7 E "Named Insured" means the person or entity set forth in Item 1 of the Declarations F. "Policy period" means the period set forth in Item 2 of the Declarations, or any shorter period arising as a result of cancellation or termination of the policy G. "Regulatory body" means the lead agency or entity set forth in Item 7 of the Declarations H. "Remedial or Adaptive Management measures" means those expenses necessary to implement the "Adaptive Management plan" endorsed to the Policy .41 The "remedial action" shall include a All costs incurred including costs billed by and paid to subcontractor(s), .4 d The cost to purchase app bank designated contractors) and in furtherance of theotems set e_prep ration of mitigation iairnng limit of into an account with credits at another mitigation "Performance Standards" as defined in 33 F 2 2 means those specific performance criteria for restoration set f in the "mite an33on banking instrument" or the "Adaptive Management Plan" J. "Mitigation badl is set forth in th, approved; filed, a K. "Compensatory establishment c circurr stances minima ;Ins ru e schedi " as'de.�f Wd'in 33 CFR 332 2 means the written instrument that or endorsed to the Policy, provided that such plan is prepared, tedin compliance with applicable law Aitigation" Was in 33 CFR 332 2 means the restoration (re- rehabilitation), establishment (creation), enhancement, and /or in certain eservation of aquatic resources for the purposes of offsetting unavoidable which remain after all appropriate and practicable avoidance and been achieved " Deity" means the property where coverage solely responds to and that is this policy M "Third party" means the party selected from a list of qualified vendors provided by the Company and approved by and subject to the regulatory oversight of the U S Army Corps of Engineers as the District's designee (as used in 33 C F R 332 3(n)(6)) to receive payment from the Company, within the limits of the Policy, to secure or complete the "compensatory mitigation" agreed to within the "Mitigation Banking Instrument " EGWL 050 0312 ©, 2011, Catlin, Inc Page 7 of 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE TO NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided as follows, [Insert named insured conta -t p ant here All other terms, conditions and exclusions remahunci Insurance Company Authorized Signature latory ached and is effective on the date issued unless endorsement is issued subsequent to Endorsement No Premium EGWL 403 0911 ©, 2011, Catlin, Inc Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMIT OF LIABILITY ENDORSEMENT This endorsement modifies insurance provided as follows It is agreed the Limit of Liability shown in Item 3 of the Declarations page is revised ITEM 3: LIMIT OF LIABILITY Limit of Liability beginning at 12.01 am on the beginning date listeddand4ending��e 12.01 on the ending date listed: Limit All other terms, conditions and exclusions This (The i prepa Endorsement Effects Insured Insurance Company the policy to which it is attached and is effective on the date issued unless iw is required only when this endorsement is issued subsequent to lacy.) Policy No Authorized Signature _ Endorsement No Premium EGWL 4010312 ©, 2011, Catlin, Inc Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED INSURED PROPERTY AND MITIGATION BANKING INSTRUMENT ENDORSEMENT This endorsement modifies insurance provided as follows, It is agreed the following are considered scheduled "Insured Property" coverage as noted cable Mitigation Bank and Property Location Mitigation Banking Instrument t � All other terms, This endo otherwise (The prep Insured Insurance Company which it is attached and is effective on the date issued unless uired only when this endorsement is issued subsequent to Authorized Signature Endorsement No Premium EGWL 300 0911 ©, 2011, Catlin, Inc Page 1 of 1 APPENDIX F. CONSERVATION EASEMENT DEED PERMANENT CONSERVATION EASEMENT FROM LCFUMB, LLC TO LAND TRUST FOR AMERICA, INC. (LTFA) (SNEEDEN TRACT 441 ACRES) (MAP BOOK - - -, PAGE - - - -- BRUNSWICK COUNTY) THIS CONSERVATION EASEMENT ( "Conservation Easement ") made this day of , 2012 by and between LCFUMB, LLC ( "Grantor "), and the Land Trust for America (LTFA) ( "Grantee ") The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Brunswick County, North Carolina, more particularly described in Exhibit "A" and Exhibit B" attached hereto and incorporated herein ( "Property"), identified as follows• A Exhibit "A ": Recorded Plat of all that certain 441 acres, more or less, as set forth, shown and depicted on that certain map entitled, "Wilmington River Club Conservation Easement ", as prepared by Michael N Underwood, dated July 2012, as duly recorded in Map Book - - - -, Page - - - -, of the Brunswick County Registry, incorporated herein by reference WHEREAS, Grantee is Land Trust for America, Inc (LTFA) (a 501(c)(3) non- profit organization), and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen Stat. § 121 -35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: Riverine Swamp Forest and Coastal Plain Stream. The purpose of this Conservation Easement is to maintain wetland and/or riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the Lower Cape Fear Umbrella "Mitigation Bank," Department of the Army Action ID 2009 - 02054. The Mitigation Bank is intended to be used to compensate for unavoidable stream and/or wetland impacts authorized by permits issued by the Department of the Army, Grantor and Grantee agree that third -party rights of enforcement of this Conservation Easement shall be held by the U.S. Army Corps of Engineers, Wilmington, District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of the parties to the Mitigation Banking Instrument. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit "A" and Exhibit "B ", together with the right to preserve and protect the conservation values thereof, as follows ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non - native plants and /or animal species is prohibited on the property. 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 rights of passage for such purposes, are prohibited, on the Property D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural 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 shall be permitted on the Property with the exception of narrow, pedestrian access trails to be used for monitoring and /or educational purposes. In no circumstance shall these trails be wider than 8 -ft wide Fill material (e.g sand, dirt, rock, gravel, etc ) for such trails is strictly prohibited. Any exception for these trails must be reviewed by the Corps Wilmington District and the North Carolina Interagency Review Team prior to the placement of such trails F. Roads and Trails. There shall be neither construction of roads, trails, or walkways on the Property, nor enlargement or modification to existing roads, trails or walkways, with the exception of narrow, pedestrian access trails to be used for monitoring and /or educational purposes. In no circumstance shall these trails be wider than 8 -ft wide. Fill material (e g. sand, dirt, rock, gravel, etc.) for such trails is strictly prohibited Any exception for these trails must be reviewed by the Corps Wilmington District and the North Carolina Interagency Review Team prior to the placement of such trails. G. Si ng age 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 sign identifying the Grantor as owner of the Property H. Dumping or Storage. No 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 shall be permitted on the Property I Excavation, Dredging or Material Use. No grading, filling, excavation, dredging, mining, or drilling; removal of topsoil, sand, gravel, rock, peat, minerals or other materials, or change in the topography of the land in any manner shall be permitted on the Property, except to restore natural topography or drainage patterns. J Water Quality and Drainage Pattern. No diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities; altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns shall be permitted on the property. In addition, no diversion or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means; removal of wetlands; polluting or discharging into waters, springs, seeps, or wetlands, or use pesticides or biocides shall be permitted on the Property K Development Rights. No development rights that have been encumbered or extinguished by the Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise L. Vehicles. No operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all - terrain vehicles, cars and trucks shall be permitted on the Property M Other Prohibitions. No other use of, or activity on, the Property which is or may become inconsistent with the purpose of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, shall be permitted on the Property. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for himself, its personal representatives, heirs, successors or assigns, the right to continue the use of the Property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right so sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, the Conservation Easement Notwithstanding the foregoing Restriction, Grantor reserves for Grantor, its successors and assigns, the right to construct wetland and stream mitigation of the Property, in accordance with the detailed mitigation plan, dated June 2012, approved in accordance with the Mitigation Banking Instrument for the Lower Cape Fear Umbrella Mitigation Bank ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors, and assigns, and the Corps, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said Property to determine if the Grantor, or its personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observation and studies, and taking samples The Easement rights granted herein do not include public access rights. ARTICLE V. ENFORCEMENT AND REMEDIES A. To accomplish the purpose of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activities or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration of the Property, including the Grantee's reasonable actual expenses, court costs, and attorney's fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees, or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Property or harm to the Property resulting from such causes. ARTICLE VI. MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and the Grantor will warrant and defend title to the Property against the claims of all persons. B Subsequent Transfers The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer The Grantor and Grantee agree that the terms of the Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion therefore and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfer or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N C Gen Stat. § 121 -34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purpose described in this document. D Entire Agreement and Severability_ This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights F Termination Prior to Release and Use of Credits. This easement is granted for the purpose of facilitating the establishment of the Lower Cape Fear Umbrella Mitigation Bank as a general -use bank site providing compensatory mitigation of unavoidable wetland and stream impacts separately authorized by Section 404, 1972 Clean Water Act (CWA) permits and /or Section 401 Water Quality Certifications from the North Carolina Division of Water Quality (NCDENR) If, prior to the release and use of mitigation credits in the Bank, circumstances or conditions arise that render the property unsuitable or infeasible as a mitigation bank site, as determined by Grantor in its sole discretion, this easement shall terminate In such event, the Grantor and the Grantee shall join in the execution of such documentation as may be necessary to evidence such termination Termination is at the Grantor's sole discretion provided it has obtained written confirmation from the Corps that no credits have been applied to permits, and the Mitigation Bank is dissolved G Extinguishment. Except in the event of termination in accordance with Article VI, Section F, above, this easement may only be extinguished, in whole or in part, by judicial action. H Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall loin in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damage due to the taking L Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment (but not a termination prior to the release and use of credits) or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170 (h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. J Notification Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to the paragraph) To Grantor: LCFUMB, LLC Attn. Mr. Jon T. Vincent 1508 Military Cutoff Road # 302 Wilmington, NC 28403 -5730 To Grantee: Land Trust for America, Inc (LTFA) Attn. Mr Richard W. Henderson, President 1000 St. Albans Drive, Suite 350 Raleigh, NC 27609 To the Corps: US Army Corps of Engineers Attn. Mr Mickey Sugg Wilmington District — Regulatory Branch P O Box 1890 Wilmington, NC 28402 Fax: 910 - 251 -4025 K Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L Amendment. This Conservation Easement may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant M. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in the Mitigation Plan, dated June 2012, prepared by Grantor and acknowledged by the Grantor and Grantee to be completed and accurate as of the date hereof Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes IN TESTIMONY WHEREOF, Grantor has caused this instrument to be executed by its duly authorized officer the day and year first above written Grantee joins in the execution of this Conservation Easement to acknowledge and confirm the terms, conditions, limitations and provisions contained herein. GRANTOR LCFUMB, LLC Jon T. Vincent, Manager Member GRANTEE. Land Trust for America, Inc. (LTFA) go Richard W. Henderson, President (SEAL) STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of the County and State aforesaid, certify that Jon T. Vincent personally appeared before me this day and acknowledged that he is Manager Member of LCFUMB, LLC and that he, as Manager Member being authorized to do so, executed the foregoing on behalf of the Wilmington River Club, LLC Witness my hand and official stamp or seal, this the _ day of , 2012. My commission expires: Notary Public (AFFIX SEAL) STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of the County and State aforesaid, certify that Richard W Henderson personally appeared before me this day and acknowledged that he is President of Land Trust for America, Inc. (LTFA), a North Carolina corporation, and that he, as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official stamp or seal, this the day of , 2012 My commission expires: Notary Public (AFFIX SEAL) PERMANENT CONSERVATION EASEMENT FROM LCFUMB, LLC TO LAND TRUST FOR AMERICA, INC. (LTFA) (WHITE SPRINGS TRACT 71.88 ACRES) (MAP BOOK - - -, PAGE - - - -- BRUNSWICK COUNTY) THIS CONSERVATION EASEMENT ( "Conservation Easement') made this day of , 2012 by and between LCFUMB, LLC ( "Grantor "), and the Land Trust for America (LTFA) ( "Grantee "). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Brunswick County, North Carolina, more particularly described in Exhibit "A" and Exhibit `B" attached hereto and incorporated herein ( "Property"), identified as follows: A Exhibit "A "• Recorded Plat of all that certain 71 88 acres, more or less, as set forth, shown and depicted on that certain map entitled, "Dollar Properties Three Conservation Easement', as prepared by Michael N. Underwood, dated August 2012, as duly recorded in Map Book - - - -, Page - - - -, of the Brunswick County Registry, incorporated herein by reference. WHEREAS, Grantee is Land Trust for America, Inc (LTFA) (a 501(c)(3) non- profit organization), and is qualified to be the Grantee of a conservation easement pursuant to N C Gen. Stat. § 121 -35, WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: Non - Riparian Wetlands (Pososin and Pine Savanna), Riparian Wetlands (Non- Riverme), and Coastal Plain Stream. The purpose of this Conservation Easement is to maintain wetland and/or riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the Lower Cape Fear Umbrella "Mitigation Bank," Department of the Army Action ID 2009 - 02054. The Mitigation Bank is intended to be used to compensate for unavoidable stream and /or wetland impacts authorized by permits issued by the Department of the Army, Grantor and Grantee agree that third -party rights of enforcement of this Conservation Easement shall be held by the U.S Army Corps of Engineers, Wilmington, District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of the parties to the Mitigation Banking Instrument NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit "A" and Exhibit `B ", together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees ARTICLE H. PROHIBITED AND RESTRICTED ACTIVITES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non - native plants and/or animal species is prohibited on the property. 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 rights of passage for such purposes, are prohibited, on the Property D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural 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 shall be permitted on the Property with the exception of narrow, pedestrian access trails to be used for monitoring and/or educational purposes. In no circumstance shall these trails be wider than 8 -ft wide Fill material (e g. sand, dirt, rock, gravel, etc.) for such trails is strictly prohibited Any exception for these trails must be reviewed by the Corps Wilmington District and the North Carolina Interagency Review Team prior to the placement of such trails. F Roads and Trails There shall be neither construction of roads, trails, or walkways on the Property; nor enlargement or modification to existing roads, trails or walkways, with the exception of narrow, pedestrian access trails to be used for monitoring and /or educational purposes In no circumstance shall these trails be wider than 8 -ft wide. Fill material (e.g. sand, dirt, rock, gravel, etc.) for such trails is strictly prohibited Any exception for these trails must be reviewed by the Corps Wilmington District and the North Carolina Interagency Review Team prior to the placement of such trails. G Serge. 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 sign identifying the Grantor as owner of the Property H Dumping or Storage No 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 shall be permitted on the Property. I_ Excavation, Dredging or Material Use. No grading, filling, excavation, dredging, mining, or drilling; removal of topsoil, sand, gravel, rock, peat, minerals or other materials, or change in the topography of the land in any manner shall be permitted on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. No diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns shall be permitted on the property In addition, no diversion or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use pesticides or biocides shall be permitted on the Property. K. Development Rights. No development rights that have been encumbered or extinguished by the Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles No operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all - terrain vehicles, cars and trucks shall be permitted on the Property. M Other Prohibitions. No other use of, or activity on, the Property which is or may become inconsistent with the purpose of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, shall be permitted on the Property ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for himself, its personal representatives, heirs, successors or assigns, the right to continue the use of the Property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right so sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, the Conservation Easement. Notwithstanding the,, foregoing Restriction, Grantor reserves for Grantor, its successors and assigns, the right to construct wetland and stream mitigation of the Property, in accordance with the detailed mitigation plan, dated June 2012, approved in accordance with the Mitigation Banking Instrument for the Lower Cape Fear Umbrella Mitigation Bank. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors, and assigns, and the Corps, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said Property to determine if the Grantor, or its personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observation and studies, and taking samples. The Easement rights granted herein do not include public access rights ARTICLE V., ENFORCEMENT AND REMEDIES A. To accomplish the purpose of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activities or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receiptwc` such notice to correct the conditions constituting such breach If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration of the Property, including the Grantee's reasonable actual expenses, court costs, and attorney's fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee B No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default C Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Property or harm to the Property resulting from such causes ARTICLE VI. MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and the Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of the Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion therefore and shall not be amended, modified or terminated without the prior written consent and approval of the Corps C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfer or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N C Gen Stat. § 121 -34 et seq and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purpose described in this document. D Entire Agreement and Severabili!y This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect E Obligations of Ownership, Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Termination Prior to Release and Use of Credits This easement is granted for the purpose of facilitating the establishment of the Lower Cape Fear Umbrella Mitigation Bank as a general -use bank site providing compensatory mitigation of unavoidable wetland and stream impacts separately authorized by Section 404, 1972 Clean Water Act (CWA) permits and /or Section 401 Water Quality Certifications from the North Carolina Division of Water Quality (NCDENR). If, prior to the release and use of mitigation credits in the Bank, circumstances or conditions arise that render the property unsuitable or infeasible as a mitigation bank site, as determined by Grantor in its sole discretion, this easement shall terminate In such event, the Grantor and the Grantee shall loin in the execution of such documentation as may be necessary to evidence such termination. Termination is at the Grantor's sole discretion provided it has obtained written confirmation from the Corps that no credits have been applied to permits, and the Mitigation Bank is dissolved G. Extinguishment Except in the event of termination in accordance with Article VI, Section F, above, this easement may only be extinguished, in whole or in part, by judicial action. H. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damage due to the taking I Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment (but not a termination prior to the release and use of credits) or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170 (h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction) Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. J Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to the paragraph) To Grantor: LCFUMB, LLC Attn Mr Jon T Vincent 1508 Military Cutoff Road # 302 Wilmington, NC 28403 -5730 To Grantee: Land Trust for America, Inc. (LTFA) Attn Mr. Richard W. Henderson, President 1000 St. Albans Drive, Suite 350 Raleigh, NC 27609 To the Corps: US Army Corps of Engineers Attn Mr Mickey Sugg Wilmington District — Regulatory Branch P.O Box 1890 Wilmington, NC 28402 Fax 910 - 251 -4025 K Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction L. Amendment. This Conservation Easement may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M Present Condition of the Property The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in the Mitigation Plan, dated June 2012, prepared by Grantor and acknowledged by the Grantor and Grantee to be completed and accurate as of the date hereof. Both Grantor and Grantee have copies of this report It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes IN TESTIMONY WHEREOF, Grantor has caused this instrument to be executed by its duly authorized officer the day and year first above written Grantee joins in the execution of this Conservation Easement to acknowledge and confirm the terms, conditions, limitations and provisions contained herein. GRANTOR: LCFUMB, LLC By: (SEAL) Jon T. Vincent, Manager Member GRANTEE Land Trust for America, Inc. (LTFA) Richard W. Henderson, President STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of the County and State aforesaid, certify that Jon T Vincent personally appeared before me this day and acknowledged that he is Manager Member of LCFUMB, LLC and that he, as Manager Member being authorized to do so, executed the foregoing on behalf of the Wilmington River Club, LLC. Witness my hand and official stamp or seal, this the day of , 2012 My commission expires: Notary Public (AFFIX SEAL) STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of the County and State aforesaid, certify that Richard W Henderson personally appeared before me this day and acknowledged that he is President of Land Trust for America, Inc (LTFA), a North Carolina corporation, and that he, as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official stamp or seal, this the day of , 2012. My commission expires Notary Public (AFFIX SEAL)