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HomeMy WebLinkAbout20221595 Ver 1_ePCN Application_20221108DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 9/6/2022 BIMS # Assigned* Version#* 20221595 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Zachary Thomas:eadstztthomas Information for Initial Review la. Name of project: COURTESY COPY Edgecombe Solar Project la. Who is the Primary Contact?* Katie Wanka Reviewing Office* Raleigh Regional Office - (919) 791-4200 lb. Primary Contact Email:* lc. Primary Contact Phone:* kwanka@invenergy.com (312)638-8514 Date Submitted 11/8/2022 Nearest Body of Water Tar River Basin Tar -Pamlico Water Classification WS-IV;NSW Site Coordinates Latitude: Longitude: 35.932476 -77.676332 A. Processing Information County (or Counties) where the project is located: Edgecombe Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 57 - Electric Utility Line and Telecommunications Activities — (frequently used) NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: HC Bourne Family Cox Farm, LLC 2b. Deed book and page no.: Book 1629 Page 681 2c. Contact Person: Joel Bourne 2d. Address Street Address 5021 Canopy Drive Address Line 2 City Marietta Postal / Zip Code 30066 2e. Telephone Number: (910)616-8264 2g. Email Address: * jkbourne2@gmail.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region GA Country USA 2f. Fax Number: Yes No Yes No 2a. Name(s) on recorded deed: Penelo LLC 2b. Deed book and page no.: Book 1688 Page 711 2c. Contact Person: 2d. Address Street Address 1000 South Howard Circle Address Line 2 City Tarboro Postal / Zip Code 27886 2e. Telephone Number: (910)616-8264 2g. Email Address: * jkbourne2@gmail.com 2a. Name(s) on recorded deed: Brake Farms Inc. 2b. Deed book and page no.: Book 1489 Page 458 2c. Contact Person: 2d. Address Street Address 8400 Waynesboro Ct. Address Line 2 City Raleigh Postal / Zip Code 27615 State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (919)601-3233 2g. Email Address: * msb2ral@yahoo.com 3. Applicant Information (if different from owner) 3a. Name: Katie Wanka 3b. Business Name: Edgecombe Solar LLC 3c. Address Street Address One South Wacker Drive Address Line 2 Suite 1800 City Chicago Postal / Zip Code 60606 3d. Telephone Number: (312)638-8514 3f. Email Address: * kwanka@invenergy.com 4. Agent/Consultant (if applicable) 4a. Name: Heather McFeeters State / Province / Region IL Country USA 3e. Fax Number: 4b. Business Name: SWCA Environmental Consultants 4c. Address Street Address 113 Edinburgh South Drive Address Line 2 Suite 120 City Cary Postal / Zip Code 27511 4d. Telephone Number: (919)292-2200 4f. Email Address: * hmcfeeters@swca.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Rocky Mount 2. Project Identification 2a. Property Identification Number: 3799-09-3094; 3890-40-0870; 3890-63-5753 2c. Project Address Street Address US 64 Alt Highway Address Line 2 City Rocky Mount Postal / Zip Code 27801 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Tar River 3b. Water Resources Classification of nearest receiving water: * WS-IV;NSW 3c. What river basin(s) is your project located in?* Tar -Pamlico 3d. Please provide the 12-digit HUC in which the project is located. 030201010903, 030201010904 4. Project Description and History 2b. Property size: 851 State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * Land use with the project area is predominantly agricultural with the dominant crops being soybean, cotton and peanuts. Land use in the project vicinity is also predominantly agricultural in nature. The ROW for a transmission connection line between the solar generation facility and substation crosses the Tar River. A Section 10 Permit approval was issued for the HDD crossing on March 8, 2019 (SAW-2018-00694). Due to project delays and supply chain issues, construction of the HDD is planned for 2024. The Project has been designed to avoid impacts to wetlands, streams, and the NC DWR regulated Tar -Pamlico riparian buffer. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2018-00694 4f. List the total estimated acreage of all existing wetlands on the property: 59.1 4g. List the total estimated linear feet of all existing streams on the property: Intermittent: 826.1 If; Perennial: 2,396.5 If; JD Man -Made Ditch: 6,925.9 If 4h. Explain the purpose of the proposed project:* The proposed Project will consist of a transmission collection line HDD crossing under a Section 10 water to connect a solar generation facility to the associated substation. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Boring installation shall consist of three (3) separate trenches, 10 feet apart, with a triangular triplex cable configuration. The installation will occur a minimum of 10 feet beneath the Tar River bed with an 8-inch HDPE SDR-13.5 casing pipe. Entrance and exit pits shall be installed with a pilot hole drilled according to the design drawings. Next, a reamer follows to enlarge the drill path. Lastly, the casing pipe shall be pulled behind the reamer to center its path from entry to exit. Appropriate erosion and sediment control best management practices (BMPs) will be implemented, and an HDD frac-out contingency plan will be developed for the Project. No indirect impacts are anticipated by the proposed Project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Heather McFeeters SWCA Environmental Consultants 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction E. Impact Justification and Mitigation 1. Avoidance and Minimization Buffers la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project has been sited to avoid impacts to all potentially jurisdictional wetlands, streams, and the NC DWR regulated Tar -Pamlico River riparian buffer. The total proposed bore length will be approximately 615 feet and has been designed to minimize disturbance within the floodplain while also providing appropriate angles to achieve a conduit depth of 10 feet (minimum) feet below the riverbed. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Stormwater and erosion and sediment control plans are being developed in coordination with the county. No construction activities will be conducted prior to approval and implementation of these plans. No direct discharge will be permitted within the Tar -Pamlico buffer, diffuse flow stormwater discharge will be required prior to stormwater entering the Tar -Pamlico buffer. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: No impacts are proposed to WOTUS. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. Proposed project is not a phased development, no future development for this project is anticipated. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Edgecombe Solar LLC and SWCA met with representatives from USFWS and NCWRC in February 2018 to discuss the potential for federally listed species and their habitat that may be present in the Project Area. As a result of this coordination, the Project design includes a HDD crossing of the Tar River, at a minimum depth of 10 ft below the bottom of the riverbed, and a 200-foot buffer from the top -of -bank to avoid potential impacts to federally listed aquatic species that may be present within the river. Edgecombe Solar LLC and SWCA met with representatives from USFWS in July 2022 to review the design and the avoidance and minimization measures the Project will implement. USFWS concurred with the project design. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 66. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * https://www.habitat.noaa.gov/protection/efh/efhmapper/ 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SWCA undertook consultation with the North Carolina State Historic Preservation Office (SHPO) regarding the project and conducted a Phase I archaeological survey of the project's limit of disturbance. During the Phase I survey, SWCA identified 30 archaeological sites. Of the 30 sites, 2 sites (31 ED479 and 31 ED503) were not assessed for National Register of Historic Places (NRHP) eligibility, while the remaining 28 sites were determined by the SHPO to be not eligibility for listing on the NRHP. The 2 sites (31 ED503 and 31 ED479) that were not assessed are being avoided by all Project related activities. As such, the SHPO determined that the Project would have no adverse effect on historic properties, as defined by Section 106 of the National Historic Preservation Act. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: The HDD bore entry and exit pits will be located within the 100-year floodplain; all contours will be returned to original grade in accordance with an approved erosion and sedimentation control plan. No permanent structures will be placed within the 100-year floodplain. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 20221108_INV Edgecombe Section 10 Submittal.pdf 5.16MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Heather S. McFeeters Signature 47faawisr. a 59 to Date 11/8/2022 cif:f; SWCA ENVIRONMENTAL CONSULTANTS as Sound Science. Creative Solutions November 8, 2022 Billy Standridge U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive Suite 105 Wake Forest, North Carolina 27587 113 Edin6urgh South Drive Suite 120 Cary, North Carolina 27511 Tel 919.292.7200 www.swcaXom Re: Edgecombe Solar Project, Edgecombe County, North Carolina Section 10 Permit Pre -Construction Notification Dear Mr. Standridge: On behalf of Edgecombe Solar LLC (applicant), SWCA Environmental Consultants (SWCA; agent) respectfully submits the electronic pre -construction notification (PCN) to the U.S. Army Corps of Engineers (USACE) relative to a crossing of the Section 10 waterbody Tar River for construction activities associated with the proposed Edgecombe Solar Project (Project). The applicant proposes to cross the Tar River via a horizontal directional drill (HDD) under the riverbed to place conduit for a connection transmission line between a proposed solar generation facility and substation. A Section 10 Permit authorizing the HDD beneath the Tar River was initially issued on March 8, 2019 (SAW-2018- 006694; expiration date March 18, 2022), with an on -site pre -application meeting with the USACE on April 10, 2018, to review the proposed crossing (USACE regulatory official Samantha Dailey). Limited construction activities commenced in 2019; however, due to project delays and supply chain issues construction of the HDD is planned for early 2024. Consequently, it is anticipated that a new Section 10 Permit will be required prior to the start of construction on the HDD. The Project design completed to date has not changed since issuance of the initial Section 10 Permit. The HDD will be installed with a minimum 10 feet clearance below the riverbed. Upon completion of the HDD the conduit will be capped at either end until the connecting collection lines are installed, and the entire area can be backfilled and revegetated. Additionally, Edgecombe Solar LLC met with the USFWS Eastern North Carolina Ecological Services on February 28, 2018 and on July 25, 2022 to provide Project updates and review these design components. The Project design incorporates a 200-foot setback from the Tar River's top -of -banks to avoid potential impacts to federally listed species which may be present in the Tar River. Should you have any questions or require any further documentation, please contact me at 724.344.6194 or hmcfeeters@swca.com Sincerely, iAa&WN M�Zbv,�- Heather McFeeters Natural Resources Project Manager 2168 SWCA ENVIRONMENTAL CONSULTANTS 2136 Sound Science. Creative Solutions 113 Edin6urgh South Drive Suite 120 Cary, North Carolina 27511 Tel 919.292.2200 www.swco.com cc: John Aquilino, Edgecombe Solar LLC Katie Wanka, Edgecombe Solar LLC Attachment A: Pre -Construction Notification (Electronically Submitted) Attachment B: Site Figures Attachment C: Plan and Profile Exhibits for HDD under Section 10 Waters Attachment D: Deeds Attachment E: Phase I Archaeological Survey and Phase II Archaeological Evaluation Concurrence SWCA I Edgecombe Solar Project Section 10 Permit Application Attachment A Pre -Construction Notification (Electronically Submitted) SWCA I Edgecombe Solar Project Section 10 Permit Application Attachment B Site Figures 0 0 0 w0) 0 :- coN as 0 4- d 0 L a tv L Q O 2 Cl) _T d E : E > 0 d W E 2, z n F 4■ � 3 w 1 f � - f�w s W O N 0 U 11) (1) O o 0l U) o� U OL 0 (6 a E L O (6 N y Q (6 N O N � � O E J 0 ~ m � O i d LL W U SWCA I Edgecombe Solar Project Section 10 Permit Application Attachment C Plan and Profile Exhibits for HDD under Section 10 Waters - �N a3o a c o9«,N oos 3,1,33a.1 3„ 3„3,>, «o z y 8 ns sv H3 UJOH0<AalwDl a� I r w i / I o° a r oj' r %pro/ /J I ago» VWCdVo niaoN eiNnoo ""O"s" 3l1302Jd 3NII NOISSIWSNV2Ji (INV NV-ld 32109 2JVIOS 38W003943 N� n — I I I I I II A\ a 0 1I� 1 I /I RF I� 1- I II w f/ �a I I II I 1 1 O - + 3 'o o >. �ea �m rU eievauoncl - SWCA I Edgecombe Solar Project Section 10 Permit Application Attachment D Deeds Page 1 of 4 790K.1 6 2 9 PAN 6 8 1- 1 lllllll 111111 111 111111111i lull lull II411Illll lull lull loll lull lull Illl llll Doc ID: o03029840004 TVP9: CRP Recorded: o5/11/2015 at 03;42:01 PM Fee "' $26.00 , NORTH Cof AROLIN EDGEcoMBE COUNTY, Q BKb1629 PG6Vin w Carpenter e156r of D ds This certifies that there are no delinquent ad valorem real estate taxes, which The Edgecombe County Tax Collector is charged with collecting, that are a lien on Pin No. 3789-33-6278-00,3789-44-9993-00, and 3789-61-9923-00 This is not a certification that this Edgecombe County T De artment Pin No. Matches this Deed description. ]Q � Date wkwnv� Tax dollector, Talc Assistant Prepared by MAHLON W. DeLOATCH, JR. DeLOATCH, HINTON & PETERS, PLLC Attorneys at Law Post Office Drawer 308, Tarboro, N.C. 27886 TITLE NOT EXAMINED BY PRE PARER This property does not include the Grantor's primary residence. NORTH CAROLINA EDGECOMBE COUNTY THIS DEED, made and entered into this � K _ day of &.41 2015 by and between HENRY C. BOURNE, III as Trustee of the Henry C. Bourne, Jr. Family Trust, dated July 1, 1993, 84 W. Cedar Avenue, Denver, CO 80223, and HC BOURNE FAMILY COX FARM, LLC, 5021 Canopy Drive, Marietta, GA 30066, Grantee; WITNESSETH: THAT the Grantor, in consideration of Ten Dollars and other valuable consideration to him in band paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey to said Grantee, its successors and assigns, the following described real estate situate in Number One Township, Edgecombe County, North Carolina, to -wit: Page 2 of 4 B011 629 PAGE0682 Those certain tracts or parcels of land in No. 12 Township, Edgecombe County, North Carolina, North Carolina, situate on both sides of U. S. Highway 64 from Tarboro to Rocky Mount, being Tract No. 1, containing 597.6 acres and Tract No. 1A containing 564.3 acres, as shown on map entitled "Panelo Plantation or "Cox Farm", Map of a Portion of Henry C. Bourne, Sr., Estate Land, No. 12 Township, Edgecombe County, North Carolina, Survey By: Jesse Webb & Rick Kemp, Drawn By: Jesse Webb, supervised by: Irvin A. Staton, R.L.S., L-1295, Tarboro, N. Carolina, Dated: December 21, 1977, Scale: 1" = 1320', Staton and Associates, Surveyors, Tarboro, N. Carolina", which map is recorded in Plat Cabinet 1, Slide 46B, in the office of Register of Deeds of Edgecombe County, reference is also made to deed dated September 30, 1977 from Joel K. Bourne, Trustee under the Will of Henry C. Bourne, deceased, to Henry C. Bourne, Jr., June B. Long and Joel K. Bourne, recorded in Book 872, Page 152, of the Edgecombe County Registry. Together with all riparian rights to Tar River which flows along the northern boundary of Penelo Plantation, including the right to transport and use the water from said river for the irrigation of cropland and any other lawful purpose not inconsistent with similar rights of other adjoining property owners. Together with one -thud of all crop allotments and poundage assigned to Farm Serial No. A20 by the ASCS Committee of Edgecombe County. Also transferred herein are any rights or interests Henry C. Bourne, Jr. had in a certain Easement from June B. Long, et al, at Deed Book 1095, Page 132, Edgecombe County, North Carolina records, said Easements being incorporated herein by reference, and made a part hereof. AND BEING the identical property conveyed by Henry C. Bourne, Jr. to Henry C. Bourne, Jr. and Margaret T. Bourne as Trustees of the Henry C. Bourne, Jr. Family Trust, dated July 1, 1993 and recorded in Book 1105, Page 709, Edgecombe Public Registry and Correction Deed from Henry C. Bourne, Jr. and wife Margaret T. Bourne to Henry C. Bourne, Jr. and Margaret T. Bourne as Trustees of the Henry C. Bourne Family Trust recorded in Book 1212, Page 324, Edgecombe Public Registry. LESS AND EXCEPT the following tracts or parcels of land: 1. Deed of easement to the Department of Transportation recorded in Book 917, Page 873 of the Edgecombe County Public Registry, 2. Deed of easement to the Department of Transportation recorded in Book 917, Page 876 of the Edgecombe County Public Registry. 3. Deed to John Gregory Pittman recorded in Book 973, Page 24 of the Edgecombe County Public Registry. 4. Deed to Vernon D. Holder and wife, Pauline H. Holder recorded in Book 1006, Page 542 of the Edgecombe County Public Registry. Page 3 of 4 6 2 9 AND 6 8 3 5. Deed to John Gregory Pittman recorded in Book 1016, Page 546 of the Edgecombe County Public Registry: 6. Deed to Allen Wayne Wilson and wife, Jennifer W. Wilson recorded in Book 1041, Page 567 of the Edgecombe County Public Registry. 7. Deed to John Gregory Pittman and Scarlett J. Pittman recorded in Book 1212, Page 731 of the Edgecombe County Public Registry. 8. Deed to Robert L. Brown and wife, Jeanette W. Brown recorded in Book 1218, Page 732 of the Edgecombe County Public Registry. 9. Deed to Edgecombe County recorded in Book 1240, Page 120 of the Edgecombe County Public Registry. 10. Deed to Edgecombe County Water and Sewer District No. 1, recorded in Book 1264, Page 952 of the Edgecombe County Public Registry. 11. Easement with John G. Pittman and Scarlett J. Pittman recorded in Book 1422, Page 621 of the Edgecombe County Public Registry. 12. Deed to Paulette A. H. Coke -Wilford recorded in Book 1488, Page 1072 of the Edgecombe County Public Registry. TO HAVE AND TO HOLD said land, together with all privileges and appurtenances thereunto belonging to them, the said Grantee its successors and assigns in fee simple forever. IN WITNESS WHEREOF said Grantor has hereunto set his hand and adopted as his seal the typewritten word "(Seal)" appearing beside his name, the day and year first above written. ,�)�j C� -T- l*`.evs�I�SEAL) HENRY Ct BOURNE, III, TRUSTEE OF THE HENRY C. BOURNE, JR. FAMILY TRUST Page 4 of 4 OR] 629 NO684 STATE OF COLORADO COUNTY OF 11 n ifs 1 I, AY-\(G 5L,2ZP ( _, a duly commissioned and qualified Notary Public in and for said County and State, do hereby certify that HENRY C. BOURNE, III Trustee of the Henry C. Bourne, Jr. Family Trust, personally appeared before me this day and acknowledged the due execution of the foregoing insti ent. My commission expires: ZZ Z C) Witness my hand and Notarial 8eal, this the 7 LL--nay of W! FC 12015, (Notarial Seal) ANNA FRAZER NOTARY PUBLIC STATE OF COLORADO NOTARY 10 A 2DI24054092 MY COMMISSION EXPIRES AUGUST 22, 2016 11 iin !. L .Lu MaryPublic- • Page 1 of 17 ' a� 1 688 Pflt0711 Doc ID: 003297080017 Type: CRP 1 Recorded: 12/19/2018 at 04:30:12 PM Fee Amt: $34.00 Page 1 of 17 EDGECOMBE COUNTY NORTH CAROLINA Robin H. Braswell Register of D ds BK1688 PG711-72 i Prepared by J. CHAD HINTON DeLOATCH, HINTON & PETERS, PLLC, Attorneys at Law Post Office Drawer 308, Tarboro, N.C. 27886 TITLE NOT EXAMINED BY PREPARER This certifies that there are no delinquent ad valorem real estate taxes, which The Edgecombe County Tax Collector is charged with collecting, that are a lien on Pin Nos. 3799-71-0023-00; 4810-09-3848=00; 3799-69-9076-003 3799-78-2594-00 3799-77-4842-00 3799-77-2387=00• 3799-77-7402-00;3799-77-6882-00.4810=1.6-2409-000,and 3799-58-0724.00. This is not a certification that this Edgecombe County 'Fax De partm Pin No. Matches this Deed description. �_Date p - Tax Collector, Tax Assistant This property does not include Grantors' primary residence. NORTH CAROL,INA ) DEED EDGECOMBE COUNTY ) TIIIS DEED, made this the (� day of November, 2018, by the BOURNE_, FAMILY LIMITED PARTNERSHIP, a North Carolina family limited partnership, consisting of JOEL K. BOURNE, JR. and WILLIAM R. BOURNE, General Partners, 1000 S. Howard Circle, Tarboro, NC 27886, and WILLIAM R. BOURNE and wife, MEREDITH C. BOURNE, 1000 S. Howard Circle, Tarboro, NC 27886, and JOEL K. BOURNE,, JR. and wife, KELLY ANNE STRYKER, 134 Point Drive, Wilmington, NC 28411, herein referred to as "Grantors" to PENELO, LLC, a North Carolina limited liability company, 1000 S. Howard Circle, Tarboro, NC 27886, herein referred to as "Grantee"; Page 2 of 17 1. 002K 16 8 8 'PAGE 0 7 12 WITNESSETH: WHEREAS, the Bourne Family Limited Partnership filed Articles of Conversion with the North Carolina Secretary of State on July 24, 2018, forming a new company in the name of Penelo, LLC; and WHEREAS, upon review of the Bourne Family Limited Partnership title records, it was discovered there are errors in the legal descriptions in those deeds vesting title in the partnership, specifically with regard to that portion of the "Cox Farm" which was partially developed as the "Walnut Branch" subdivision, in that several of the "less and except" parcels were mistakenly excepted from the wrong base tracts; and WHEREAS, all of the property purported to be owned by the Bourne Family Limited Partnership that remains of the "Cox Farm" has been owned by Joel K. Bourne and wife, Edith W. Bourne, now deceased, and their heirs Joel K. Bourne, Jr. and William R. Bourne, and/or the Bourne Family Limited Partnership since Mr. and Mrs. Bourne acquired the lands by that certain division deed recorded in Book 912, Page 466, Edgecombe County Registry; and WHEREAS, Penelo, LLC has requested Bourne Family Limited Partnership correctly describe by this conveyance the property transferring from the partnership to the LLC, and has requested the heirs of Joel K. Bourne and wife, Edith W. Bourne, being the said Joel K. Boume, Jr. and William R. Bourne, and their spouses, to join in this conveyance to clear any question of title, and they have all agreed to do so; and WHEREAS, the Bourne Family Limited Partnership further intends to convey, and by this deed conveys all of its right, title and interest in real property located in Edgecombe County, as further described herein below to its successor company Penelo, LLC; and NOW THEREFORE, the Grantors, for and in consideration of the sum of Ten Dollars and other valuable consideration in hand paid, have bargained and sold, and by these presents do grant, bargain, sell and convey to the Grantee, its successors and assigns, all those certain parcels or tracts of land lying and being situate in Number Seven and Number Twelve Townships, Edgecombe County, North Carolina, and more particularly described as follows: PARCEL ONE: EDGECOMBE TAX PARCEL NO. 3799-71-0023-00 "Kingsboro Tract' All that certain tract or parcel of land located in Number Twelve Township, Edgecombe County, North Carolina, containing 47.4 acres, more or less, bounded on the north by Seaboard Coastline Railroad (now CSX Railroad), on the east by Walnut Branch, on the south by the Bullock land now (or formerly) owned by Harrell and Shugar, and on the west by property Page 3 of 17 owned (now or formerly) by Ed Astin and wife; said property being that portion of Tract Number 2A located on the south side of the Seaboard Coastline Railroad shown on map entitled "Penelo Plantation" or "Cox Farm", "Property of Henry C. Bourne, Jr., June Bourne Long and Joel K. Bourne" by Irvin A. Staton, R.L.S. dated December 21, 1977 recorded in Plat Cabinet 1, Slide 46B, Edgecombe County Registry, and being more specifically described as follows: BEGINNING at a point located the following course and distance from a point in the centerline of Kingsboro Road, also known as S.R. 1225, south of its intersection with Seaboard Coastline Railroad, said point being a common corner between the land of Ed Astin, Joe Brake and the land of Floyd Harrell and Gilbert Shugar, and being the southernmost point in the Henry C. Bourne, Sr. Estate Land along S.R. 1225 as shown on the plat recorded in Plat Cabinet 1, Slide 46B, Edgecombe Public Registry; from said point at the centerline of S.R. 1225, the point of beginning is located at a point on the north side of a farm path constituting the boundary between Astin property and Harrell and Shugar property, located South 83' 50' East 2,660 feet more or less from said point in the centerline of S.R. 1225; from said POINT OF BEGINNING along and with the line of Ed Astin North 08' 06' East 1,994.21 feet to a point in the centerline of the Seaboard Coastline Railroad right of way, cornering; thence with the centerline of the Seaboard Coastline Railroad right of way South 78' 04' East 2,328.17 feet to a point in the centerline of Walnut Branch, cornering; thence along and with the centerline of Walnut Branch the following courses and distances: South 10' 00' West 424 feet, South 34' 00' West 82 feet, and South 01' 30' West 197 feet to a common corner with Floyd Harrell and Gilbert Shugar, cornering; thence with the line of Harrell and Shugar North 85' 00' West 1,712 feet to a point, cornering; thence continuing with the Harrell and Shugar line South 03' 00' West 1,037 feet to a point, cornering; and thence continuing with the Harrell and Shugar line North 83' 50' West 678 feet to a point on the north side of a farm path, a common line between Harrell and Shugar land and the Ed Astin land, the point and place of BEGINNING; containing approximately 47.4 acres more or less, and being a part of that property conveyed from Joel K. Bourne, Trustee under the Will of Henry C. Bourne Deceased, to Henry C. Bourne, Jr., June B. Long and Joel K. Bourne by instrument recorded in Book 872, Page 153, Edgecombe Public Registry; and being a part of that property conveyed by Henry C. Bourne, Jr. and wife, and June B. Long and husband, to Joel K. Bourne by Deed recorded in Book 912, Page 466, Edgecombe Public Registry; together with all Grantors' rights of ingress and egress along and over the farm path constituting the boundary between Astin Property and Harrell and Shugar property from S.R. 1225 to the land herein conveyed as shown on Plat recorded in Plat Cabinet 1, Slide 46B, Edgecombe Public Registry; subject to the right-of-way easement of Seaboard Coastline Railroad, now CSX, for the land immediately adjoining the railroad track; and subject also to the right-of-way and conveyance of a portion of said land for U.S. Highway 64 which crosses the railroad by an overpass and divides said land so that a portion of it lies to the East and a portion lies to the West of said highway as will appear on the public records for Edgecombe County. And being the identical property conveyed from Joel K. Bourne and wife, Edith W. Bourne to William R. Bourne and Joel K. Bourne, Jr. by deed dated October 3, 1996 and recorded in Book 1175, Page 910, Edgecombe County Public Registry, reference to which is hereby made for a further and more particular description. For additional reference, also see deed recorded in Book 1597, Page 1075, Edgecombe Public Registry. This property is conveyed SUBJECT TO all utility easements, consumer permits and Page 4 of 17 'E%K1 6 8 8 PAU 0 7 14 highway rights of way of record, along with ad valorem taxes for 2018 due Edgecombe County to be paid by Grantee. PARCEL TWO: EDGECOMBE TAX PARCEL NO. 4810-09-3848-00 "Tree Farm Rd Tract" That certain tract of land situate in Number 7 Township, Edgecombe County, North Carolina, on the Southwest side of S.R. 1254, being more particularly described as follows: BEGINNING at a point in the center of S.R. 1254, said point being a corner with Tract 8 as shown on the map hereinafter referred to and said point being North 59 deg. 27 min. 02 sec. East 61.43 feet from an iron found on the southwest side of S.R. 1254 in the line of the Bourne "Bunn Farm"; from said beginning point running thence South 59 deg. 27 min. 02 sec. West 61.43 feet to said iron found in the line of the Bourne "Bunn Farm" and continuing with the line of the Bourne "Bunn Farm" South 66 deg. 22 min. 42 sec. West 534.19 feet to an iron found and North 79 deg. 55 min. 06 sec. West 1,221 feet to an iron in a ditch, corner with Tract 5; thence along and with said ditch and the line of Tract 5 North 03 deg. 34 min. East 682.34 feet to an iron in said ditch, corner with Tract 6; thence along and with the line of Tract 6 South 73 deg. 50 min. 15 sec. East 1,612.17 feet to a point in the center of S.R. 1254, said point being in the line of Tract 8, cornering; thence along and with the line of Tract 8 South 37 deg. 25 min. 31 sec. East 252.87 feet to the point and place of beginning; said tract being Tract 7 containing 21.16 acres more or less as shown on the map of the Poak Island Farm, Property of Roger E. Sauerbom, Joel K. Bourne, Joe C. Powell and Vernon Rhodes, Jr., No. 7 Twsp., Edgecombe County, N.C., Dated July 16, 1985, by R. Lowell Harris, Registered Land Surveyor, to which map reference is made for further description; and being all of that property conveyed to Joel K. Bourne by deed recorded in Book 967, Page 599, Edgecombe Public Registry. And being the identical property conveyed from Joel K. Bourne and wife, Edith W. Bourne to William R. Bourne and Joel K. Bourne, Jr. by deed dated December 13, 1995 and recorded in Book 1156, Page 947, Edgecombe County Public Registry, reference to which is hereby made for a further and more particular description. For additional reference, see deed recorded in Book 1597, Page 1075, Edgecombe Public Registry. This property is conveyed SUBJECT TO all utility easements, consumer permits and highway rights of way of record, along with ad valorem taxes for 2018, due Edgecombe County to be paid by Grantee. PARCEL THREE: EDGECOMBE TAX PARCEL NO.: 4810-16-2409-00 "Bunn Farm" Tract 1: That certain tract or parcel of land in No. 7 Township, Edgecombe County, North Carolina, situate on the south side of State Road 1253, just south of N.C. Highway 97, bounded on the North by State Road 1253, and the land of Joe C. Powell, formerly Coleman and Capps, the land of Henry C. Bourne, Jr., and the land of Don Anderson, formerly J. H. Koonce, on the East by Don Anderson and the land of Emerson Fountain Heirs, on the South by the Tar River and on the West by the land of Bill Dail and Joe C. Powell; beginning at a point in the center of State Road 1253, a corner of the land of Henry C. Bourne, Jr. and also a corner of the land of Joe C. Powell, said beginning being further referenced by a concrete monument on the northern side of State Road 1253 in the dividing line between the land of Henry C. Bourne, Jr. Page 5 of 17 Vt 1 6 8 8 PAGE 0 7 15 and the land of Joe C. Powell, thence from the beginning along and with the center of State Road 1253 in a western direction 528 feet to a point in the center of said road, comering; thence with the line of Joe C. Powell, through a concrete monument on the southern side of said road 65 feet from the corner, South 22 deg. 33 min. West 2,189.22 feet to a point in the center of a branch, formerly marked by a large stone on the northern bank, cornering; thence along and with the center of a branch, also the line of Bill Dail, in a southerly direction 3,111.3 feet to a point in the northern bank of the Tar River, thence to the center of said river, cornering, thence along and with the center of the Tar River, as it flows in the southeasterly direction 5,907 feet, more or less to a point in the center of said River, cornering; thence to the northeastern bank of the Tar River where a branch empties into the River, thence along and with the center of the branch, which is also the line with Emerson Fountain Heirs, in a northeasterly direction 924 feet; thence continuing with the center of the branch and the Fountain line, North 07 deg. 09 min. East 399.3 feet to a point; thence North 22 deg. 55 min. West 380.16 feet to a point in said branch, just North of an intersecting ditch, cornering; thence continuing with the line of Emerson Fountain Heirs, and with the line of Don Anderson, formerly J. H. Koonce, North 05 deg. 55 min. East 2,878.26 feet to a point, cornering; thence North 43 deg. 48 min. West 590.04 feet; North 55 deg. 18 min. West 98.34 feet; North 21 deg. 58 min. West 119.46 feet; North 43 deg. 33 min. West 545.82 feet to a point on the southern side of State Road 1253, in the center of a ditch, which flows under said road, cornering; thence North 25 deg. 37 min. East 10 feet to the southern side of said road, thence to the center of said road, cornering; thence along and with the center of said road in a western direction 1,972 feet, more or less, to the point of beginning, containing 380.22 acres, more or less, and being shown on map entitled "Owner: Joel K. Bourne, Part of "The Bunn Farm", Description #7 Twp., Edgecombe County, North Carolina; Survey By: , Dr: I. A. S., Supv: I. A. Staton, Date: 12-27-1980, Scale: 1" = 600' ", to which reference is hereby made. AND Being the same tract or parcel of land conveyed from Henry C. Bourne, Jr. and wife, Margaret T. Bourne, to Joel K. Bourne by Deed recorded in Book 912, Page 439 of the Edgecombe County Registry, to which reference is made for further description. For additional reference, see Tract 1 of that deed recorded in Book 1233, Page 531, Edgecombe Public Registry. TOGETHER WITH riparian rights to the Tar River which flows along the southern boundary of said tract of land, including the right to use the water from said River for the irrigation of cropland and any other lawful purpose not inconsistent with similar rights of adjoining property owners. This property is conveyed SUBJECT TO all utility easements, consumer permits and highway rights of way of record, along with ad valorem taxes for 2018, due Edgecombe County to be paid by Grantee. Tract 2: That certain tract of land in No. 7 Township, Edgecombe County, North Carolina situate on the northern side of State Road 1253 and on the western side of State Road 1254, near the intersection of said roads, bounded on the North by lands of J. C. Powell and S. N. Clark, Jr., on the East by State road 1254 and the land of Roger E. Sauerborn and wife, and the land of Don M. Anderson Farms, Inc. on the South by State Road 1253 and the land of Joel K. Page 6 of 17 lffll 6 88 PhGE 0 71 6 Bourne and on the West by land of J. C. Powell, thus BEGINNING at a nail set in the centerline of State Road 1253, at a corner of the land of J. C. Powell; thence with the line of J. C. Powell through a concrete monument 34.7 feet from the center of said road, North 05 deg. 30 min. East 549.07 feet to a concrete monument; thence continuing with the line of J. C. Powell North 62 deg. 34 min. East 959.15 feet to an iron pipe; thence with the line of S. N. Clark, Jr., North 59 deg. 35 min. East 553.42 feet to a point near the western side of State Road 1254, also the line of Roger E. Sauerbom and wife, thence South 41 deg. 50 min. East 218.06 feet; South 32 deg. 49 min. East 100 feet; South 29 deg. 06 min. East 300.16 feet; South 22 deg. 32 min. East 200 feet; South 28 deg. 09 min. East 200 feet; and thence South 42 deg. 11 min. East 142.47 feet to an iron rod in the center of the road; thence with the line of Don M. Anderson Farms, Inc. South 57 deg. 33 min. West 10.54 feet to an iron pipe on the road shoulder; thence South 07 deg. 10 min. East 178.86 feet; South 38 deg. 30 min. West 81.18 feet; South 16 deg. 15 min. East 128.70 feet; and South 22 deg. 10 min. West 103.69 feet to a nail set in the centerline of State Road 1253; thence with the centerline of State Road 1253, North 71 deg. 45 min. West 16.81 feet to a nail in the center of a culvert underneath said road; thence continuing with the center of State Road 1253 North 76 deg. 42 min. West 100 feet; North 85 deg. 12 min. West 100 feet; South 86 deg. 55 min. West 100 feet; South 80 deg. 50 min. West 195 feet; South 86 deg. 26 min. West 100 feet; North 87 deg. 10 min. West 100 feet; North 84 deg. 13 min. West 100 feet; and North 83 deg. 22 min West 1200.75 feet to the point of beginning, containing 44.68 acres total, more or less total with 2.18 acres, more or less being within the rights of way of State Road 1254 and State Road 1253, and being shown on Map entitled "Survey for Joel K. Bourne, No. 7 Township, Edgecombe County, N. C., Survey by Kenneth D. Talbot, Registered Land Surveyor, Tarboro, North Carolina, Date: 14 Jan. 1985, Scale: 1" = 200"', which is recorded in Plat Cabinet 1, Slide 151B, in the office of the Register of Deeds of Edgecombe County, to which reference is hereby made. AND Being the same tract or parcel of land conveyed from Henry C. Bourne, Jr. and wife, Margaret T. Bourne, to Joel K. Bourne by Deed recorded in Book 958, Page 194 of the Edgecombe County Registry, to which reference is made for further description. For further reference, see also Tract 2 of that deed recorded in Book 1233, Page 531, Edgecombe Public Registry. Said land is conveyed SUBJECT TO the rights of way for State Road 1253 and State Road 1254. This property is conveyed further SUBJECT TO all utility easements, consumer permits and highway rights of way of record, along with ad valorem taxes for 2018 due Edgecombe County to be paid by Grantee. PARCEL FOUR: EDGECOMBE TAX PARCEL No. 3799-58-0724-00 "Cox Farm" Containing 623.87+1- acres Being all that certain tract or parcel of land in No. 12 Township, Edgecombe County, North Carolina, situate on the north side of U. S. Highway 64 Alternate from Tarboro to Rocky Mount, being Tract No. 2, containing 662.0 acres as shown on map entitled "Property of Henry C. Bourne, Jr., June B. Long and Joel K. Bourne, Penelo Plantation or "Cox Farm", Staton and Associates, Surveyors, Tarboro, N. Carolina, Map of a portion of Henry C. Bourne, Sr., Estate Land, No. #12 Township, Edgecombe County, North Carolina, Survey By: Jesse Webb & Rick Page 7 of 17 ` 6(l 6.8 8 PAGO 7 17 Kemp, Drawn By: Jesse Webb, Supervised By: Irvin A. Staton, R.L.S., #L-1295, Tarboro, N. Carolina, Date: December 21, 1977, Scale: 1"=1320"', which map is recorded in Plat Cabinet 1, Slide 46 B, in the office of Register of Deeds of Edgecombe County, reference is also made to deed dated September 30, 1977, from Joel K. Bourne, Trustee under the Will of Henry C. Bourne, deceased, to Henry C. Bourne, Jr., June B. Long and Joel K. Bourne, recorded in Book 872, Page 160, of the Edgecombe County Registry. AND Being the same tract or parcel of land conveyed from Henry C. Bourne and wife, Margaret T. Bourne, June B. Long and husband, W. J. Long, Jr., to Joel K. Bourne by Deed recorded in Book 912, Page 466 of the Edgecombe County Registry, to which reference is made for further description. TOGETHER WITH all riparian rights to the Tar River, which flows along the northern boundary of Penelo Plantation, including the right to transport and use the water from said river for the irrigation of cropland and any other lawful purposes not inconsistent with similar rights of other adjoining property owners. LESS AND EXCEPT from the said 662.0 +/- acres the following described lands: All that tract or parcel of land containing 38.1 acres, more or less, and further described as follows: Beginning at a point in the northern right of way line of U. S. Highway 64 (Alternate), said point being the point at which Walnut Branch intersects the said northern right of way line of U. S. Highway 64 (Alternate) at a culvert under said highway, the point of beginning; thence from said point of beginning along and with the northern right of way line of U. S. Highway 64 (Alternate) North 87° 35' West 1,103.59 feet to a point, a common corner with G. W. Sessoms, cornering; thence along and with the Sessoms line and the line of Joel K. Bourne, now the Bourne Family Limited Partnership, North 04' 02' East 2,003.5 feet to a point on the bank of the Tar River, cornering; thence along and with the bank of the Tar River South 75' 54' East 157.51 feet to a point, a common corner with Joel K. Bourne, Jr., cornering; thence along and with the line of Joel K. Bourne, Jr. South 03' 45' West 444.58 feet to a point, cornering; thence along and with the line of Joel K. Bourne, Jr. the following five courses and distances to the western bank of Walnut Branch: North 810 38' East 139.13 feet, North 780 14' East 120.23 feet, North 77' 10' East 127.82 feet, North 41 ° 10' East 181.60 feet and North 81° 28' East 119.90 feet to a point on the western bank of Walnut Branch, cornering; thence along and with the western bank of Walnut Branch the following seventeen courses and distances: South 06' 14' East 133.57 feet, North 52" 55' East 173.00 feet, South 05' 15' West 270.00 feet, South 51' 20' East 123.00 feet, South 79' 35' East 184.00 feet, South 320 10' West 283.00 feet, South 24' 05' West 206.00 feet, South 32' 15' West 220.00 feet, South 17' 05' East 253.00 feet, South 58' 50' East 83.00 feet, South 38' 10' West 121.00 feet, South 26' 05' East 93.00 feet, South 81 ° 20' East 65.00 feet, South 11' 25' West 150.00 feet, South 410 45' East 93.00 feet, South 43' 45' West 47.00 feet and South 10' 10' West 46.72 feet to a point in the northern right of way line of U. S. Highway 64 (Alternate), the point of beginning, containing 38.1 acres, more or less, as the same appears on a "Map of Property of Joel K. Bourne and wife, Edith W. Bourne, U. S. Highway 64, Number 12 Township, Edgecombe County, N. C., Scale 1" = 400', March 24, 1998" a copy of which map is attached to that deed recorded in Book 1247, Page 675, Edgecombe Public Registry, to which reference is made for further description. Page 8 of 17 BOCK 1 6 8 8 PAGE 0 71 a SAVE AND EXCEPT the following described tracts or parcels of land previously conveyed: Excepted Tract A: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to James M. Via and wife, Linda S. Via, dated January 3, 2007 and recorded in Book 1481, Page 410 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-1477-00, the same being Lot I containing 2.66 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds thereon are incorporated herein by reference; and Excepted Tract B: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to William Harvey Case and wife, Jacquelin Frank Case, recorded in Book 1243, Page 252, Edgecombe Public Registry, Edgecombe County Tax Parcel # 3799-77-1659-00, the same being Lot 2 containing 2.64 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference; and Excepted Tract C: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to Nathan Arnold Worsley, III and wife, Catherine Lane Worsley, dated December 2, 1999 and recorded in Book 1257, Page 156 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-1920-00, the same being Lot 3 containing 2.26 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference; and Excepted Tract D: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to Jack Stanley Sewell dated December 2, 1999 and recorded in Book 1257, Page 192 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-78-5080-00 the same being Lot 7 containing 1.94 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference; and Excepted Tract E: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to James Edward Cannon, Jr. and wife, Kelly Harrell Cannon, dated January 18, 2000 and recorded in Book 1261, Page 35 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-7625-00 the same being Lot 5 containing 1.76 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference; and Excepted Tract F: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to Arthur J. Furman and wife, Diane M. Furman, dated May 8, 2008 and recorded in Book 1516, Page 667 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77- 7530-00, the same being Lot 4 containing 1.72 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference. Conveyed with these six excepted lots is a 60-foot wide access easement running along and with the eastern or western property line of the above -described properties known as Alston Page 9 of 17 16 8 8 PACE 0 7 19 Lane. This easement is shown on that map entitled "Final Plat of Walnut Branch" dated September 3, 1998 and revised December 29, 1998, and recorded in Plat Cabinet 5, Slide 258, Edgecombe County Registry, which is incorporated herein by reference. This easement shall run with the land and shall benefit all parties having or acquired any right, title or interest in and to said lots or any part or parts thereof. These conveyances are made subject to utility easements to benefit Edgecombe-Martin County Electric Membership Corporation, as the same appears on the map referred to above; said easements having been recorded in the Edgecombe County Public Registry. These conveyances are made further subject to those certain restrictive and protective covenants recorded in Book 1059 at Page 287 of the Edgecombe County Public Registry. The above described PARCEL FOUR is a portion of that property described in a deed from Henry C. Bourne, Jr. and wife, Margaret T. Bourne, and June B. Long and husband, W. J. Long, Jr., to Joel K. Bourne recorded in Book 912, Page 466, Edgecombe Public Registry. AND the above -described parcel is the same property conveyed by deed from Joel K. Bourne to Joel K. Bourne and wife, Edith W. Bourne, dated July 9, 1999 and recorded in Book 1247, Page 675, Edgecombe Public Registry, to which reference is made for further description. For additional reference, this Parcel includes that property conveyed by deed from William R. Bourne and wife, Meredith C. Bourne, to Joel K. Bourne and wife, Edith W. Bourne, dated July 2, 1997 and recorded in Book 1195, Page 50, Edgecombe County Public Registry. AND Being a portion of those parcels conveyed to Bourne Family Limited Partnership from Joel K. Bourne and wife, Edith W. Bourne, by deed dated December 21, 1998 and recorded in Book 1233, Page 531, Edgecombe Public Registry, to which reference is made for further description. Reference is hereby made to all of the above referred to deeds, maps, and estates, and the documents and instruments therein referred to, for further and more complete description. This property is conveyed SUBJECT TO all utility easements, consumer permits, restrictive covenants, and the right of way for Alston Lane as shown on Plat Cabinet 5, Slide 258, Edgecombe Public Registry, along with ad valorem taxes for 2018, due Edgecombe County to be paid by Grantee. PARCEL FIVE: "Walnut Branch" EDGECOMBE TAX PARCEL NO.: 3799-69-9076-00 "River Lot" Tract 1: Beginning at a point in the center of a drain and culvert, which point is also the center of a 60 foot wide access road running from U. S. 64 Highway Alternate to the lot hereinafter described, the center line of said 60 foot wide access road, from the point of beginning of said lot to a point in the center line of U. S. 64 Highway Alternate, having the following calls and distances: South 19 deg. 46' East 130.4 feet, thence South 07 deg. 13 min. East 93.16 feet, thence South 07 deg. 19 min, West 141.74 feet, thence South 18 deg. 54 min. West 287.44 feet, thence South 06 deg. 04 min. East 105.3 feet, thence South 20 deg. 53 min. East 343.7 feet, Page 10 of 17 `001 688':FnIGE0720 thence South 00 deg. 20 min. West 82.73 feet, thence South 03 deg. 18 min. West 84.58 feet, thence South I deg. 04 min. West 101.64 feet, thence South 09 deg. 37 min. West 88.86 feet, thence South 06 deg. 44 min. West 88.69 feet, thence South 03 deg. 51 min. West 88.3 feet, thence South 02 deg. 48 min. West 30 feet to the center line of U. S. 64 Highway Alternate; thence from the beginning thus determined, along and with said drain, South 78 deg. 14 min. West 120.23 feet to an iron, thence South 81 deg. 38 min. West 139.13 feet to a point in the center of said drain, cornering, thence through an iron placed on the northern side of said drain, North 03 deg. 45 min. East 444.58 feet, through an iron on the southern bank of the Tar River which is 44.8 feet from the river bank, to the bank and water line of Tar River cornering; thence with the bank and the water line of Tar River, South 77 deg. 48 min. East 120.36 feet, thence South 87 deg. 42 min. East 94.42 feet, thence North 84 deg. 52 min. East 101.9 feet, thence North 77 deg. 55 min. East 116 feet, thence North 79 deg. I 1 min. East 222.5 feet, thence South 58 deg. 38 min East 33.37 feet to a point in the center of Walnut Creek where it enters into the Tar River, cornering; thence with the center of Walnut Creek South 05 deg. 16 min. West 155.83 feet, thence North 61 deg. 15 min. West 94.06 feet, thence South 09 deg. 06 min. West 62 feet, thence South 52 deg. 49 min. East 55.55 feet, thence South 29 deg. 36 min. West 45.8 feet to a point in the center of Walnut Creek where a small drain enters into said creek, cornering; thence with the center of said drain South 81 deg. 28 min. West 119.9 feet to an iron, thence South 41 deg. 10 min. West 181.6 feet to an iron, thence South 77 deg. 10 min West 127.82 feet to the point in the center of the 60 foot wide access road which is the beginning, and containing 5.03 acres, more or less according to plat of survey entitled "Property of Joel K. Bourne, Jr., No. 12 Twsp., Edgecombe County, N.C." dated September 4, 1991, Scale 1" = 200', by R. Lowell Harris, R.L.S., to which reference is hereby made for further description. Also, conveyed with this property is a 60 foot wide access easement running from U.S. Highway 64 Alternate to the property above described. This easement shall run with the land and shall benefit all parties having or acquiring any right, title or interest in and to said lot or any part or parts thereof. This conveyance is made SUBJECT TO those certain restrictive and protective covenants recorded in Book 1059 at Page 287 of the Edgecombe County Public Registry. The above described property and easement is a portion of that property conveyed by deed dated December 30, 1980 by and between Henry C. Bourne, Jr. and wife, Margaret T. Bourne, and June B. Long and husband, W. J. Long, Jr., parties of the first part and Joel K. Bourne, party of the second part, recorded January 21, 1981 at 12:50 p.m. in Deed Book 912 at Page 466 of the Edgecombe County Public Registry. Reference is hereby made to said deed and to said map and to the documents and instruments therein referred to for further and more particular description. And Being the identical property conveyed by deed from Joel K. Bourne, Jr. and wife, Kelly Anne Stryker, to Joel K. Bourne and wife, Edith W. Bourne, dated January 19, 2007 and recorded in Book 1482, Page 736, Edgecombe Public Registry to which reference is made for further description. For additional reference, see also that certain deed recorded in Book 1638, Page 957, Edgecombe Public Registry. Page 11 of 17 RAJ 6 8 8 PAU 0 7 1 This property is conveyed SUBJECT TO all utility easements, consumer permits and highway rights of way of record, along with ad valorem taxes for 2018, due Edgecombe County to be paid by Grantee. Tract 2: EDGECOMBE TAX PARCEL NOS. 3799-78-2594-00; 3799-77-4842-00; 3799-77- 2387-00; 3799-77-7402-00 and 3799-77-6882-00 "Walnut Branch Subdivision" (undeveloped lands) Beginning at a point in the northern right of way line of U. S. Highway 64 (Alternate), said point being the point at which Walnut Branch intersects the said northern right of way line of U. S. Highway 64 (Alternate) at a culvert under said highway, the point of beginning; thence from said point of beginning along and with the northern right of way line of U. S. Highway 64 (Alternate) North 87' 35' West 1,103.59 feet to a point, a common corner with G. W. Sessoms, cornering; thence along and with the Sessoms line and the line of Joel' K. Bourne, now the Bourne Family Limited Partnership, North 04' 02' East 2,003.5 feet to a point on the bank of the Tar River, cornering; thence along and with the bank of the Tar River South 75' 54' East 157.51 feet to a point, a common corner with Joel K. Bourne, Jr., cornering; thence along and with the line of Joel K. Bourne, Jr. South 03' 45' West 444.58 feet to a point, cornering; thence along and with the line of Joel K. Bourne, Jr. the following five courses and distances to the western bank of Walnut Branch: North 810 38' East 139.13 feet, North 78' 14' East 120.23 feet, North 77' 10, East 127.82 feet, North 41 ° 10' East 181.60 feet and North 810 28' East 119.90 feet to a point on the western bank of Walnut Branch, cornering; thence along and with the western bank of Walnut Branch the following seventeen courses and distances: South 06' 14' East 133.57 feet, North 52' 55' East 173.00 feet, South 05' 15' West 270.00 feet, South 51' 20' East 123.00 feet, South 79' 35' East 184.00 feet, South 321 10' West 283.00 feet, South 240 05' West 206.00 feet, South 32° 15' West 220.00 feet, South 17' 05' East 253.00 feet, South 580 50' East 83.00 feet, South 38' 10' West 121.00 feet, South 260 05' East 93.00 feet, South 81° 20' East 65.00 feet, South 11' 25' West 150.00 feet, South 41' 45' East 93.00 feet, South 43' 45' West 47.00 feet and South 10' 10' West 46.72 feet to a point in the northern right of way line of U. S. Highway 64 (Alternate), the point of beginning, containing 38.1 acres, more or less, as the same appears on a "Map of Property of Joel K. Bourne and wife, Edith W. Bourne, U. S. Highway 64, Number 12 Township, Edgecombe County, N. C., Scale 1" = 400', March 24, 1998" a copy of which map is attached to that deed recorded in Book 1247, Page 675, Edgecombe Public Registry, to which reference is made for further description. SAVE AND EXCEPT the following described tracts or parcels of land previously conveyed: Excepted Tract A: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to James M. Via and wife, Linda S. Via, dated January 3, 2007 and recorded in Book 1481, Page 410 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-1477-00, the same being Lot 1 containing 2.66 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds thereon are incorporated herein by reference; and Excepted Tract B: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to William Harvey Case and wife, Jacquelin Frank Case, recorded in Book 1243, Page 12 of 17 `B 0K) 688 PAGE 0722 Page 252, Edgecombe Public Registry, Edgecombe County Tax Parcel # 3799-77-1659-00, the same being Lot 2 containing 2.64 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference; and Excepted Tract C: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to Nathan Arnold Worsley, III and wife, Catherine Lane Worsley, dated December 2, 1999 and recorded in Book 1257, Page 156 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-1920-00, the same being Lot 3 containing 2.26 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference; and Excepted Tract D: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to Jack Stanley Sewell dated December 2, 1999 and recorded in Book 1257, Page 192 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-78-5080-00 the same being Lot 7 containing 1.94 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference; and Excepted Tract E: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to James Edward Cannon, Jr. and wife, Kelly Harrell Cannon, dated January 18, 2000 and recorded in Book 1261, Page 35 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-7625-00 the same being Lot 5 containing 1.76 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference; and Excepted Tract F: The property conveyed by deed from Joel K. Bourne and wife, Edith W. Bourne, to Arthur J. Furman and wife, Diane M. Furman, dated May 8, 2008 and recorded in Book 1516, Page 667 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77- 7530-00, the same being Lot 4 containing 1.72 acres, more or less, as shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference. Conveyed with these six excepted lots is a 60-foot wide access easement running along and with the eastern or western property line of the abovc-described properties known as Alston Lane. This easement is shown on that map entitled "Final Plat of Walnut Branch' dated September 3, 1998 and revised December 29, 1998, and recorded in Plat Cabinet 5, Slide 258, Edgecombe County Registry, which is incorporated herein by reference. This easement shall run with the land and shall benefit all parties having or acquired any right, title or interest in and to said lots or any part or parts thereof. These conveyances are made and PARCEL FIVE Tract 2 is SUBJECT TO utility easements to benefit Edgecombe-Martin County Electric Membership Corporation, as the same appears on the map referred to above; said easements having been recorded in the Edgecombe County Public Registry. Said PARCEL FIVE Tract 2, is hereby conveyed SUBJECT TO those certain Deeds of Page 13 of 17 BQlC;1 6 8 8 PAC[ 0 7 2 3 Easement to the Department of Transportation recorded in Book 917 at Page 873 and in Book 917 at Page 876 of the Edgecombe County Registry; and FURTHER SUBJECT TO those certain restrictive and protective covenants recorded in Book 1059 at Page 287 of the Edgecombe County Public Registry and rights of others in and to the use of Alston Lane as shown on Plat Cabinet 5, Slide 258, Edgecombe County Public Registry. The above described PARCEL FIVE Tract 2 is a portion of that property described in a deed from Henry C. Bourne, Jr. and wife, Margaret T. Bourne, and June B. Long and husband, W. J. Long, Jr., to Joel K. Bourne recorded in Book 912, Page 466, Edgecombe Public Registry. AND the above -described parcel is the same property conveyed by deed from Joel K. Bourne to Joel K. Bourne and wife, Edith W. Bourne, dated July 9, 1999 and recorded in Book 1247, Page 675, Edgecombe Public Registry, to which reference is made for further description. For additional reference, this PARCEL FIVE includes that property conveyed by deed from William R. Bourne and wife, Meredith C. Bourne, to Joel K. Bourne and wife, Edith W. Bourne, dated July 2, 1997 and recorded in Book 1195, Page 50, Edgecombe County Public Registry. AND Being a portion of those parcels conveyed to Bourne Family Limited Partnership from Joel K. Bourne and wife, Edith W. Bourne, by deed dated December 21, 1998 and recorded in Book 1233, Page 531, Edgecombe Public Registry, to which reference is made for further description. For additional chain of title for ALL PARCELS, the said Edith W. Bourne died testate in Edgecombe County on July 7, 2012, Edgecombe County Clerk of Court file number 12-E-278 and by Last Will & Testament devised her real property to her husband, Joel K. Bourne. Joel K. Bourne died testate in Edgecombe County on February 24, 2013, Edgecombe County Clerk of Court file number 13-E-107 and by Last Will & Testament devised his real property to his two sons, Joel K. Bourne, Jr. and William R. Bourne, Grantors herein. Reference is hereby made to all of the above referred to deeds, maps, and estates, and the documents and instruments therein referred to, for further and more complete description. These properties (ALL PARCELS) are conveyed SUBJECT TO all utility easements, consumer permits and public highway rights of way of record, along with ad valorem taxes for 2018, due Edgecombe County to be paid by Grantee. Page 14 of 17 'BOOK. 16 8 8 PAPE O 7 2 4 TO HAVE AND TO HOLD the aforesaid tracts and parcels of land, together with all privileges and appurtenances thereunto belonging, or in anywise thereto appertaining unto said Grantee, its successors, and assigns, forever in fee simple absolute. And the said Grantor, Bourne Family Limited Partnership, covenants with the Grantee, its successors, and assigns, that it is seized of said premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear except as otherwise stated herein, and that it will warrant and defend the title against the lawful claims of all persons whomsoever. And the said Grantors William R. Bourne and wife, Meredith C. Bourne, and Joel K. Bourne, Jr. and wife, Kelly Anne Stryker do hereby quitclaim and release all right, title and interest they may now own, if any, in and to the above said lands together with all privileges and appurtenances thereunto belonging or in any way appertaining, unto the Grantee, its successors and assigns, forever. All provisions of this Deed apply in the plural sense where there is more than one Grantor or Grantee and all persons, firms, corporations, associations, partnerships, individuals, males or females shall be deemed fully included, and the masculine gender shall be construed to mean feminine or neuter, singular or plural, or vice versa, where such construction is necessary to make any provisions of this Deed applicable to any person, persons, firms, corporations, association, thing or act at any time. [This space intentionally left blank.] Page 15 of 17 :BOOK' 6 8 8o 7 2 5 IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. BOURNE FAMILY LIMITED PARTNERSHIP (SEAL) 4��- ' ��-z -- JOEL K. BOURNE, JR , artner �' . -t — (SEAL) By: WILLIAM R. BOURNE, Partner STATE OF NORTH CAROLINA COUNTY OF 1 e,, 7S U P c a Notary Public in and for the County and State aforesaid, do hereby certify that JOEL K. BOURNE, JR., General Partner of the Bourne Family Limited Partnership, personally appeared before me this date and acknowledged the due execution of the foregoing instrument in such capacity. Witness my hand and notarial stamp or seal, this the 0 day of "W 2018.--le ...... JAAW " ��. mmis'�>w' Axpires: J vri to I t)Z3 pwk O o Coo 0S Mr Comm. Ems•NptaYy Public Z 0'20t3 �, Sr (SEAL) ;SAftO�� STATE OF NORTH CAROLINA COUNTY OF E;& ,fie, 1, -e. f-%ts,tTmr.) a Notary Public in and for the County and State aforesaid, do hereby certify that WILLIAM R. BOURNE, General Partner of the Bourne Family Limited Partnership, personally appeared before me this date and acknowledged the due execution of the foregoing instrument in such capacity. My Commission Expires: �1 d2/-,2O _ Witness my hand and notarial stamp or seal, this the 6 day of�/�Lex_, 2018. JAMES C. HINTON�— NOTARY PUBLIC Edgecombe County, NC Notary Public (SEAL) Page 16 of 17 190K? 688 P,A9[.0726 IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. (SEAL) WILLIAM R. BOURNE BOURNEVXREDITH C. ' STATE OF NORTH CAROLINA COUNTY OF=� I, C- f4m4nr—e^I a Notary Public in and for the County and State aforesaid, do hereby certify that WILLIAM R. BOURNE and wife, MEREDITH C. BOURNE personally appeared before me this date and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial stamp or seal, this the 6 day of ,lleyeo oar 2018. My Commission Expires: JAMES C. HINTON NOTARY PUBLIC Edgewmbe County, NC (SEAL) 4fl' , e - Agin V Notary Pubfic Page 17 of 17 100f.1 6 8 8 fflf 4121 IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. `I L/c�^^ z — (SEAL) EL K. BOURNE, JR. ov _ (SEAL) KELLY ANNE STRYKER STATE OF NORTH CAROLINA COUNTY OF e-t— (.lord I, L'st-"s j-'- ..M N'' , a Notary Public in and for the County and State aforesaid, do hereby certify that JOEL K. BOURNE, JR. and wife, KELLY ANNE STRYKER personally appeared before me this date and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial stamp or seal, this the _ o day of W, 2018. My Commission Expires: J"-A. 20 12aZ3 (SEAL) No* 140wnf O County i My Comm. fxp. �1- 00-20-2023 T CAtii0\:" (/ V) 3 Ll S' - -� i e, b4 N tary Public Page 1 of 3 BOOK 1489 PAGE 0458 None nt RI-5 Excise Tax FILED 3 �)�13 I;111°1,,_, f,iji_, T 04/2,4,°20_i r '1:14 "S QEHIE h:�.:_ti• S.S. [:taj-., t / , Recording Time, Book and 'hage Tax Lot No. Identifier No. aU G3- I a a-00 Verifted by Edgecpmbb� County on eia of t-, 2007 by(�e.l:���.�....1.H�1..j..,.../.j.2'.�07 Mail after recording to Ryan Dyson, PLLC, 8520 Six Forks Road, Suite 101, Raleigh, North Carolina 27615-3096, This instrument was prepared by Ryan Dyson, PLLC, without prior title examination. Brief description for the Index Tracts 1-A & 1-B R.R. Brake Farms, Inc. Subdivision NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED is made this 241h day of April, 2007, by and between GRANTOR GRANTEE R.R. Brake Farms, Inc., a Brake Farms, Inc., a North Carolina North Carolina corporation Corporation 8400 Waynesboro Court Raleigh, North Carolina 27615 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. WITNESSETH, that the Grantor, for a valuable consideration paid by Grantee, the receipt and sufficiency of which hereby are acknowledged, does hereby grant, bargain, sell and convey in fee simple unto Grantee and the legal representatives, successors and assigns of Grantee forever, ALL, that certain lot or parcel of land, together with the buildings and improvements thereon erected, situate, lying and being in the Township Number 7, Edgecombe County, State of North Carolina, containing 167.92 acres, more or less, being more particularly described as follows: Page 2 of 3 BOOn1489 PABE0459 Tracts Number 1-A and 1-B, as shown on a map prepared by Richard C. Marshall, Jr., PLS L-2866, entitled "An Exempt Subdivision Survey Of The R.R. Brake Farms, Inc. Main Tract, Township Number 7-Edgecombe County, NC", Dated March 27, 2007, and recorded in Plat Cabinet 9, Slide 131 of the Edgecombe County Registry. The property herein described was acquired by Grantor by instrument recorded in Book Book 853, Page 445, Edgecombe County Registry. A map showing the above described property is recorded in Plat Cabinet 9, Slide 131, Edgecombe County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and ail privileges and appurtenances thereto belonging the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized of said premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes for 2007. All restrictive covenants, easements, and rights of way of record. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. R.R. BraWarms, Inc. By: u " Patricia L. Brake -Ludwig, President Attest: (Corporate Seal) 4e Byttn� t ye Mar aret Scott Brake, Secretary 1 - d!!!ri ,xpl ,fin ri!!pr Nr�" Page 3 of 3 BOBS 14 8 9 PARE 0 4 6 0 STATE OF NORTH CAROLINA, COUNTY OF WAKEE, ss. North Carolina Wake County I, the undersigned, a Notary Public in and for the County of Wake and State of North Carolina, certify that Margaret Scott Brake (the "Declarant"), personally came before me this day and acknowledged that the Declarant is the Secretary of R.R. Brake Farms, Inc., a North Carolina corporation (the "Company"), and that by authority duly given and as the act of the Company, the foregoing instrument was signed in its name by Patricia L. Brake - Ludwig, its President, sealed with its corporate seal, and attested by Declarant as the Secretary of the Company. Witness my hand and official stamp or seal on this date.�Ot11A Dated: 2'1 Zad P/~aOT4„i,�:�p i 01; (Official Seal) Notary Public My Commission Expires: The foregoing certificates of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. By C REGISTER OF DEEDS FOR EDGECOMBE COUNTY Deputy Assistant Register of Deeds. SWCA I Edgecombe Solar Project Section 10 Permit Application Attachment E Phase I Archaeological Survey and Phase II Archaeological Evaluation Concurrence North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry July 24, 2020 Jonathan Libbon jlibbon&swca.com SWCA Environmental Consultants 80 Emerson Lane, Suite 1306 Bridgeville, PA 15017 Re: Phase I Archaeological Survey and Phase II Archaeological Evaluation of 31ED479, 31ED480, 31ED483, 31ED488, 31ED496, and 31ED503 for the Edgecombe Solar Project, Edgecombe County, CH 18-3970 Dear Mr. Libbon: Thank you for your July 2, 2020, letter transmitting the revised archaeological report for the above - referenced project. We have reviewed the information provided and offer the following comments. Survey activities have identified 30 archaeological sites in the project area. In a letter dated February 10, 2020, we concluded that 23 of these sites are not eligible for listing in the National Register of Historic Places (31ED477, 31ED478, 31ED481, 31ED482, 31ED484 — 31ED487, 31ED489 — 31ED495, 31ED497 — 31ED502, 31ED504, and 31ED505). We also found that while site 31ED476 remains unassessed for the National Register, the portion of the site that will be impacted by the proposed project does not contribute to its National Register eligibility. The remaining 6 sites are documented in the subject report. Sites 31ED480, 31ED483, 31ED488, and 31ED496 are not considered eligible for listing in the National Register due to their limited research potential, and no further work is proposed at these sites. We concur with this recommendation. Site 31ED479 yielded artifacts from the Middle Archaic Period through the eighteenth century. While one cultural feature was identified at site 31ED479, most of the site exhibits poor integrity. It is recommended that site 31ED479 remain unassessed with regard to the National Register, and the portion of the site with evidence of intact cultural features be avoided by the proposed project. We concur with this recommendation. Site 31ED503 yielded artifacts from the Middle Archaic and Woodland Periods. While one possible cultural feature was identified at site 31ED503, most of the site exhibits poor integrity. It is recommended that site 31ED503 remain unassessed with regard to the National Register, and the portion of the site with evidence of intact cultural features be avoided by the proposed project. We concur with this recommendation. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-1617 Telephone/Fax: (919) 807-6570/807-6599 Project plans show that the identified cultural features at site 31ED479 and 31ED503, inclusive of 25-meter buffers, will be avoided by the proposed solar arrays. In addition, high -visibility fencing will be used to ensure that these areas are not impacted during construction. Given these conditions, we find that the proposed project will have no effect on any archaeological sites eligible for listing in the National Resister. Please note that if human skeletal remains are encountered during construction, the provisions of North Carolina General Statute Chapter 70, Article 3 apply. All ground disturbing activities should stop and the county medical examiner be contacted immediately. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above - referenced tracking number. Sincerely, L,WRamona Bartos, Deputy State Historic Preservation Officer