HomeMy WebLinkAbout20201091 Ver 2_Task 1_ShadyGrove_MY0_Credit Release Request_20230621ID#* 20201091 Version* 2
Select Reviewer:
Katie Merritt
Initial Review Completed Date 06/21/2023
Mitigation Project Submittal - 6/21/2023
Is this a Prospectus, Technical Proposal or a New Site?* Yes No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name: * Email Address:
Emily Ulman eulman@res.us
Project Information
ID#: * 20201091 Version:* 2
Existing ID# Existing Version
Project Type: DMS Mitigation Bank
Project Name: Shady Grove
County: Wayne
Document Information
Mitigation Document Type:*
Mitigation As -Built Plans
File Upload: Task 1_ShadyGrove_MYO_Credit Release
5.92M6
Request.pdf
Please upload only one PDF of the complete file that needs to be submitted...
Signature
Print Name:* Emily Ulman
Signature: *
3600 Glenwood Avenue, Suite 100
Raleigh, NC 27612
Corporate Headquarters
6575 West Loop South, Suite 300
Bellaire, TX 77401
Main: 713.520.5400
June 12, 2023
CREDIT RELEASE REQUEST FORM
To: NCDEQ-DWR Nutrient Offset and Buffer Banking Coordinator
From: Jamey McEachran, jmceachran@res.us, (919) 623-9889
Through: Environmental Banc and Exchange, LLC (EBX)
We formally request a credit release for the Shady Grove Riparian Buffer and Nutrient Offset Mitigation
Site (DWR Project # 2020-1091v2) for completion of Task #1: Instrument and BPDP Approved by
DWR, Conservation Easement Recorded, and Financial Assurance Posted per the approved credit
release schedule, which is included in the Attachments with this request. The following documents
have been submitted to DWR for Task #1:
1)BPDP Approval, 2) Conservation Easement Recorded (and Plat), 3) Title Commitment, 4) Credit
Release Schedule (PDF from Approved UMBI and Excel), 5) Table 7 (Project Credit Table with Credits
derived from As-Built survey numbers), 6) Bond Pending Signature for Construction (#612402539)
Penal Sum $150,000, and 7) Sealed As-Built Survey
Credits requested for release are detailed below:
Credit Type %
Release
Credit Amount
(Include Units)
Notes/Comments
Buffer Restoration 20 5,941.400
Buffer Preservation 20 396.080
Generated Nitrogen Nutrient Offset 20 5,788.570
Signature:
Attachments: 1) BPDP Approval, 2) Conservation Easement Recorded (and Plat), 3) Title Commitment, 4)
Credit Release Schedule (PDF from Approved UMBI and Excel), 5) Table 7 (Project Credit Table with Credits
derived from As-Built survey numbers), 6) Bond Pending Signature for Construction (#612402539) Penal
Sum $150,000, and 7) Sealed As-Built Survey
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
February 21, 2023
Environmental Banc & Exchange, LLC
Attn: Jamey Mceachran
(via electronic mail: jmceachran@res.us )
Re: BPDP Approval
Dear Ms. Mceachran,
The Division of Water Resources (DWR) received a draft Bank Parcel Development Package
(BPDP) for the Shady Grove Site (Site) in 2022, for review and approval under the terms and
conditions of the RES 2021 Neuse Umbrella Mitigation Banking Instrument (DWR ID# 2020-
1149v2) which was made and entered into by Environmental Banc & Exchange, LLC acting as the
Bank Sponsor, and the DWR on November 30, 2021. DWR reviewed the BPDP and provided
comments and recommendations. DWR received a revised BPDP that addressed all comments and
recommendations. The table below summarizes the timeline of the BPDP:
Project Site
Name
DWR Project
ID #
Initial Draft
Received
Revised Draft Received
(Final Draft)
Public Notice
Date
Shady Grove
BPDP
2020-1091v2 July 8, 2022 February 2, 2023 February 2, 2023
The closing date for the public notice was February 17, 2023. DWR received no comments
regarding the subject BPDP. This document is now approved and can be found online at the
following links:
Shady Grove BPDP:
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2588411&dbid=0&repo=WaterResources
Please feel free to call me at (919) 500-0683 if you have any questions regarding this
correspondence.
Sincerely,
Katie Merritt
401 & Buffer Permitting Branch
cc: DWR File Copy (Katie Merritt)
Type: CRP
Recorded: 5/9/2023 10:42:20 AM
Fee Amt: $30.00 Page 1 of 16
WAYNE COUNTY, NC
CONSTANCE B. CORAM REGISTER OF DEEDS
BK 3818 PG 476 - 491
This instrument prepared by, Kennon Craver, PLLC,
a licensed North Carolina attorney. Delinquent taxes,
if any, to be paid by the closing attorney to the county
tax collector upon disbursement of closing proceedings.
PERMANENT CONSERVATION EASEMENT
Excise Tax: $ d c:v ( Xernp� r -t I U C l l q 6 (a),
Parcel Identifier No.: 2563-66-2469
Prepared by and return after recording to: RES, c/o Stephen Colomb, 6575 West Loop
South, Suite 300, Bellaire, TX 77401
Brief description for the Index: 19.829 (+/-) acre Conservation Easement in
Wayne County, NC
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of 2023 by and between Douglas Allen Jernigan and
Aileen K. Jernigan,w ose mailing address is 781 Thunder Swamp Road, Mount Olive, NC
28365 ("Grantor") and Colonel Land, LLC, a Delaware limited liability company, whose
mailing address is 6575 West Loop South, Suite 300, Bellaire, TX 77401("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 Wayne County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, or trust qualified under § 501(c)(3) and § 170 (h) of the Internal Revenue
Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include
one or more of the purposes (a) — (d) listed below;
submitted electronically by "Kennon Craver, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Wayne County Register of Deeds.
(a) retaining or protecting natural, scenic, or open -space aspects of real
property;
(b) ensuring the availability of real property for recreational, educational,
or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
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: riparian buffers. The purpose of this Conservation Easement is to
maintain streams, wetlands and riparian resources and other natural values of
approximately 19.829 acres, more or less, and being more particularly described in
Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Easement Area"), and prevent the use or development of the
Conservation Easement Area for any purposeor in any mannerthat would conflict with
the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is also a condition of the approval of the RES 2021 Neuse Umbrella
Mitigation Banking Instrument ("UMBI"), North Carolina Division of Water Resources
("NCDWR") Project ID# 2020-1149v2, and Bank Parcel Develop m ent Package ("BPDP")
for the Shady Grove Riparian Buffer and Nutrient Offset Mitigation Bank, NCDWR
Project ID# 2020-1091v2, which was approved by the NCDWR, and will be made and
entered into by and between Environmental Banc & Exchange, LLC ("EBX"), acting as
the Bank Sponsor ("Bank Sponsor"), and the NCDWR. The Shady Grove Riparian Buffer
and Nutrient Offset Site is intended to be used tocompensate for riparian buffer and
nutrient impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall
be held by the Bank Sponsor and the NCDWR ("Third -Parties") and may be exercised
through the appropriate enforcement agency of the State of North Carolina, and that
these rights are in addition to, and do not limit, the rights of enforcement under the
NCDWR Project ID# 2020-1149v2 or any permit or certification issued by the Third -
Parties.
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 Conservation Easement Area described on 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 ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with
the purpose of this Conservation Easement is prohibited. The Conservation
Easement Area shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the
Conservation Easement Area.
Without limitingthe generality ofthe foregoing, the following activities anduses
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 Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising
display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other
temporary or permanent structure or facility on or above the Conservation
Easement Area.
C. Industrial Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are
prohibited.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement
Area except as provided in the BPDP. Mowing of invasive and herbaceous vegetation
for purposes of enhancing planted or volunteer trees and shrubs approved in the
BPDP is allowable oncea year for no more than five consecutive years from the date
on page 1 of this Conservation Easement, except where mowing will negatively
impact vegetation or disturb soils. Mowing activities shall only be performed by the
Bank Sponsor and shall not violate any part of Item L of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area; nor enlargement or modification to existing
roads, trails or walkways.
G. Signaee. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation
values of the Conservation Easement Area, signs giving directions or proscribing rules
and regulations for the use of the Conservation Easement Area and/or signs identifying
the Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any
manner on the Conservation Easement Area, except to restore natural topography or
drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or
alteration of the restored, enhanced, or created drainage patterns. In addition,
diverting 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 of pesticide or biocides is
prohibited.
K. Development Rights.,
i hts. No development rights that have been encumbered
or extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for
temporary or occasional access by the Grantee and the Third -Parties, and their
employees and agents, successors, and assigns for purposes of constructing, maintaining,
and monitoring the restoration, enhancement and preservation of riparian areas within
the Conservation Easement Area.
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant,
the preservation of the Conservation Easement Area substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area
for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of
ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area,
the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in
whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including EBX acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of riparian areas within the Conservation Easement Area in accordance
with the approved BPDP, and the UMBI described in the Recitals of this Conservation
Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns and the
Third -Parties, shall have the right to enter the Property in the locations labeled "Access to
Conservation Easement Area from Thunder Swamp Road" and "30' Wide Access Area"
on that certain plat recorded in Plat Book P , Page1ML Pand the right to enter the
Conservation Easement Areaat all reasonable times for the purpose of inspecting the
Conservation Easement Area to determine if the Grantor, or his personal
representatives, heirs, successors, or assigns, is complying with the terms, conditions,
restrictions, and purposes of this Conservation Easement. The Grantee and its authorized
representatives, successors and assigns and the Third -Parties shall also have the right to
enter and go upon the Conservation Easement Area for purposes of making scientific or
educational observations and studies, and taking samples. The easement rights granted
herein do not include public access rights.
ARTICLE V
ENFORCEMENTAND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and the Third -
Parties are allowed to prevent any activity on or use of the Conservation Easement
Area that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Conservation Easement Area that may be
damaged by such activity 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 terms 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, including the
Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided
Grantor is determined to be responsible for the breach. The Third -Parties shall have
the same rights and privileges as the said Grantee to enforce the terms and conditions
of this Conservation easement.
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 ofa
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
Conservation Easement Area 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 Conservation Easement Area 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 that 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 Conservation Easement Area. The Grantor agrees to
provide written notice of such transfer at least sixty (60) days prior to the date of the
transfer. The Grantor and Grantee agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interests in the Conservation
Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the NCDWR.
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 transfers or assigns this
Conservation Easement, the organization receiving the interest will be a qualified
holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3)
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 purposes
described in this document.
D. Entire Agreement and Severability. The UMBI with corresponding BPDP, and
this Conservation Easement 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 tocomply
with federal, state or local laws, regulations and permits that may apply to theexercise
of the Reserved Rights.
F. Long -Term Management. If livestock operations will be maintained on the
property, Grantor is responsible for all long-term management activities associated
with fencing, if and where applicable, to ensure livestock do not have access to the
Conservation Easement Area. These activities include the maintenance and/or
replacement of fence structures, as deemednecessary by the Grantee, to ensure the
aquatic resource functions within the boundaries of the Protected Property are
sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this
Conservation Easement may only be extinguished, in whole or in part, by judicial
proceeding.
H. Eminent Domain. Whenever all or part of the Conservation Easement Area 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 inappropriate
actions at the time of such taking to recover the full value of the taking, and all
incidental and direct damages 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 the Conservation
Easement Area is sold, exchanged, or involuntarily converted following an
extinguishment orthe exercise of eminent domain, Grantee shall be entitled to the fair
market value of this Conservation Easement as determined at the time of the
extinguishment or condemnation.
J. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter
specified by notice pursuant to this paragraph):
To Grantor:
Douglas Allen Jernigan
Aileen K. Jernigan
781 Thunder Swamp Road
Mount Olive, NC 28365
To Grantee:
Colonel Land, LLC
6575 West Loop South, Suite 300
Bellaire, TX 77401
To Sponsor:
Environmental Banc & Exchange, LLC
6575 West Loop South, Suite 300
Bellaire, TX 77401
ToNCDEQ -DWR:
NCDEQ—Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
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
a 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 Conservation Easement Area. The wetlands,
scenic, resource, environmental, and other natural characteristics of the
Conservation Easement Area, and its current use and state of improvement, are
described in Section 2 of the BPDP, prepared by Bank Sponsor and acknowledged
by the Grantor and Grantee to be complete 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 Conservation Easement Area will
be consistent withthe 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 Conservation Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee
forthe aforesaid purposes.
[SIGNATURE PAGES TO FOLLOW]
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the
day and year first above written.
GRANTEE:
Colonel Land, LLC
a Delaware limited liability company
Name"'
VIRGINIA
COUNTY OF CC%i O; 1�;c1�n.onc�
I, a Notary Public in and for the County and State aforesaid, do hereby certify that
-$'enn;k,ef- personally appeared before me this day and
acknowledged that he/she is the Awl��Dc y-*A Colonel Land, LLC, a
Delaware limited liability company, and that by authority duly given, and as the act of
the Grantee, he/she signed the foregoing instrument in its name, on its behalf and as its
act and deed for the purposes stated herein.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the I day of
m 2023.
a
Signature of ota ublic
Printed Name of doiary Public
My commission expires: 0 1131 1 p.s
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the
dayand year first above written.
GRANTOR:
(SEAL)
NORTH CAROLINA
COUNTY OF WAIN t
I, W'i It ic.. A UcvGS , a Notary Public in and for the County and State
aforesaid, do hereby certify that Douglas Allen Jernigan, Grantor, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the S day of
.2023.
WILLIAM A JAMES
Notary Public, North Carolina
[SEAL] Wake County
My Commission Expires
November04, 2023
Signature of Not*y Public
Witte.— A A-3
Printed Name of Notary Public
My commission expires: [[ `i 2023
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the
dayand year first above written.
GRANTOR:
(SEAL)
Aileen K. Jernigan
NORTH CAROLINA
COUNTY OF W A'yN
I, Wx tVt,- h a&&-6 , a Notary Public in and for the County and State
aforesaid, do hereby certify that Aileen K. Jernigan, Grantor, personally appeared before
me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the Sµday of
M lr" , 2023.
WILLIAM A JAMES
Notary Public, North Carolina
Wake County
EAQAy Commission Expires
November04, 2023
4j,;(4- 4 d===-:::
Signature of Notalk Public
Printed Name of Notary Public
My commission expires: tI it' ( 2o2)
EXHIBIT A
Legal Description of the Property
BEING 150.287 acres, more or less, tract or parcel of real property situated in Wayne
County, North Carolina, being identified by the PIN number 2563662469, and more
particularly described in deeds recorded in Book 2832, Page 255, of the Wayne County
Registry, North Carolina.
EXHIBIT B
Conservation Easement Area
BEING THAT 19.829 ACRE AREA, AS SHOWN ON PLAT OF SURVEY ENTITLED "CONSERVATION
EASEMENTSURVEY, OWNERS DOUGLAS ALLEN JERNIGAN AND AILEEN KJERNIGAN, PIN 2563-66-
2469, PREPARED FOR ENVIRONMENTAL BANC & EXCHANGE, LLC, "PROJECT NAME: SHADY
GROVE", PROJECT: 21-02-11, MAP: 6/6/2022, PREPARED BY CHRISTOPHER L COLE, PLS NUMBER
L-5008, AND RECORDED IN THE WAYNE COUNTY REGISTER OF DEEDS OFFICE Al' PLAT BOOK
AT PAGE 814 ' (THE "SURVEY"), AND BEING FURTHER DESCRIBED AS FOLLOWS:
}� Pk* rccbr� �n I�laf 13W6 ►�, i�c� Fq-A
CONSERVATION EASEMENT'T'
PARCEL IDENTIFICAITON NUMBER PIN 2563662469
294,821 S.F.
+/- 6.768 AC.
A PERMANENT CONSERVATION EASEMENT OVER A PORTION OF LAND IN BROGDON TOWNSHIP,
WAYNE COUNTY, NORTH CAROLINA AS SHOWN ON A SURVEY PREPARED BY ASCENSION LAND
SURVEYING WITH A PROJECT NUMBER OF 21-02-11
DATED �� $. &CO"j , 2023 AND BEING RECORDED IN PLAT BOOK
P . PAGE $Y- Q WITH THE WAYNE COUNTY REGISTER OF DEEDS OFFICE AND BEING ON
THE LAND OWNED BY (NOW OR FORMERLY) DOUGLAS ALLEN JERNIGAN AND AILEEN K
JERNIGAN.
BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S 26°02'32" E 105.58" TO A #4 REBAR; THENCE S 07052'26" W 39.91'
TO A #4 REBAR; THENCE S 43°10'51"W 46.96' TO A #4 REBAR; THENCE S 11'28'21" W 40.48' TO
A #4 REBAR; THENCE S 30'58'50" E 108.55' TO A #4 REBAR; THENCE S 04"05'51" E 121.41' TO A
#4 REBAR; THENCE S 64'24'20" W 175.16' TO A #4 REBAR; THENCE S 02°46'31" W 67.89' TO A #4
REBAR; THENCE S 17°43'19" W 190.90' TO A #4 REBAR; THENCE S 63"45'59" W 738.89' TO A #4
REBAR BEING IN THE EASTERN RIGHT OF WAY LINE OF THE 100' CAROLINA POWER AND LIGHT
EASEMENT (DB 2260 PG 718); THENCE WITH THAT RIGHT OF WAY LINE N 25"47'08" W 238.81'
TO A #4 REBAR IN THE CENTERLINE OF A DITCH; THENCE WITH THE CENTERLINE OF THE DITCH
THE FOLLOWING EIGHTEEN (18) CALLS:
1)
N 45°30'16"
E 6.46' TO A POINT
2)
N 62004'50"
E 44.25' TO A POINT
3)
N 66"40'08"
E 26.88' TO A POINT
4)
N 69"13'22"
E 41.97' TO A POINT
5)
N 77-45'46"
E 33.78' TO A POINT
6)
S 86°07'35"
E 11.15' TO A POINT
7)
S 69"22'24"
E 13.91' TO A #4 REBAR
8)
N 65°57'53"
E 46.38' TO A POINT
9)
N 70-29'08"
E 90.75' TO A #4 REBAR
10)
N 36-07'03"
E 35.46' TO A #4 REBAR
11)
N 67"38'21"
E 120.46' TO A POINT
12) N 64"17'13" E 39.52' TO A POINT
13) N 58"18'00" E 178.95' TO A POINT
14) N 08`35'04" E 51.03' TO A #4 REBAR
15) N 04°07'17" E 154.24' TO A #4 REBAR
16) N 52"00'57" E 12.57' TO A #4 REBAR
17) N 64"54'38" E 181.98' TO A #4 REBAR
18) N 15-44'32" W 216.33' TO A #4 REBAR; THENCE LEAVING THE CENTERLINE OF
DITCH N 66038'05" E 188.69' TO THE POINT AND PLACE OF BEGINNING.
DESCRIPTION BASED ON A SURVEY TITLED "CONSERVATION EASEMENT SURVEY
ENVIRONMENTAL BANC & EXCHANGE, LLC, SHADY PROJECT: PROJECT: 20-02-11 "SHADY GROVE"
LEGAL DESCRIPTION
CONSERVATION EASEMENT "2"
PARCEL IDENTIFICAITON NUMBER PIN 2563662469
568,935 S.F.
1 13.061 AC.
A PERMANENT CONSERVATION EASEMENT OVER A PORTION OF LAND IN BROGDON TOWNSHIP,
WAYNE COUNTY, NORTH CAROLINA AS SHOWN ON A SURVEY PREPARED BY ASCENSION LAND
SURVEYING WITH A PROJECT NUMBER OF 21-02-11
DATED �1��( b. , 2023 AND BEING RECORDED IN PLAT BOOK
P PAGE WITH THE WAYNE COUNTY REGISTER OF DEEDS OFFICE AND BEING ON
THE LAND OWNED BY (NOW OR FORMERLY) DOUGLAS ALLEN JERNIGAN AND AILEEN K
JERNIGAN.
BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S 11"01'09" W 236.90' TO A #4 REBAR; THENCE
S 72003'35" W 1429.96" TO A #4 REBAR; THENCE S 72003'35" W 122.89' TO A #4 REBAR IN THE
CENTERLINE OF A DITCH; THENCE WITH THE CENTERLINE OF THE DITCH THE FOLLOWING
TWENTY FIVE (25) CALLS:
1) S 50°35'04"
W 105.26' TO A #4 REBAR
2) S 57°22'30"
W 147.10' TO A POINT
3) S 45-54'09"
W 31.17' TO A POINT
4) S 74°18'33"
W 23.38' TO A POINT
5) N 85°29'28"
W 18.55' TO A POINT
6) S 67-35'51"
W 78.79' TO A POINT
7) S 79°41'38"
W 33.01' TO A POINT
8) S 47°36'02"
W 10.27' TO A POINT
9) S 83-41'36"
W 26.60' TO A POINT
10) S 37°55'29"
W 24.13' TO A POINT
11) S 57"55'13"
W 40.91 TO A POINT
12) S 82"30'45"
W 50.42' TO A POINT
13) S 41°30'20"
W 17.17' TO A POINT
14) S 72"51'08"
W 10.82' TO A POINT
15) S 60'32'15"
W 40.79' TO A POINT
16) S 79'11'04"
W 28.34' TO A POINT
17) S 44'08'07"
W 25.57' TO A POINT
18) S 75'40'49"
W 27.90' TO A POINT
19) S 41-39'39"
W 28.38' TO A POINT
20) S 56'48'38"
W 30.84' TO A POINT
21) S 43'22'47"
W 54.55' TO A POINT
22) S 86'20'25"
W 32.20' TO A POINT
23) S 62'54'05"
W 36.37' TO A POINT
24) S 59-11'31"
W 47.68' TO A POINT
25) S 44'43'32"
W 54.70' TO A POINT WHERE THE CENTERLINE OF THE DITCH MEETS
THE EASTERN RIGHT OF WAY OF A 100' CAROLINA POWER AND LIGHT EASEMENT (DB 2260 PG
718); THENCE LEAVING THE CENTERLINE OF THE DITCH AND RUNNING WITH THE EASTERN RIGHT
OF WAY OF THE AFOREMENTIONED EASEMENT N 25047'08" W 221.70' TO A #4 REBAR; THENCE
LEAVING THE RIGHT OF WAY N 51034'38" E 110.72' TO A #4 REBAR; THENCE N 63'03'58" E
431.57' TO A #4 REBAR; THENCE N 72'04'09" E 181.94' TO A #4 REBAR; THENCE N 32'00'33" E
114.01' TO A #4 REBAR; THENCE N 53'00'35" E 125.55' TO A #4 REBAR; THENCE N 75002'11" E
485.38' TO A #4 REBAR; THENCE N 72018'14" E 1268.29" TO THE POINT AND PLACE OF
BEGINNING.
DESCRIPTION BASED ON A SURVEY TITLED "CONSERVATION EASEMENT SURVEY
ENVIRONMENTAL BANC & EXCHANGE, LLC, SHADY PROJECT: PROJECT: 20-02-11 "SHADY GROVE"
TOGETHER WITH NON-EXCLUSIVE ACCESS OVER, ACROSS AND THROUGH (1) THAT CERTAIN 30
FOOT WIDE ROAD LEADING FROM THUNDER SWAMP ROAD (SR 1117) LABELED "ACCESS TO
CONSERVATION EASEMENT AREA FROM THUNDER SWAMP ROAD" AND (II) THOSE CERTAIN
AREAS LABELED "30' WIDE ACCESS AREA", ALL AS SHOWN ON THE PREVIOUSLY REFERENCE PLAT
OF SURVEY BY CHRISTOPHER L. COLE, PLS, FOR THE PURPOSES OF GRANTEE AND THE THIRD -
PARTIES ACCESSING THE CONSERVATION EASEMENT AREA AND FULFILLING THEIR RIGHTS AND
OBLIGATIONS UNDER THIS CONSERVATION EASEMENT.
--7 r
Pa
TOTAL AREA INSIDE OF CONSERVATION EASEMENTS CERTIFICATE OF SURVEY AND ACCURACY
CONSERVATION EASEMENT I "I, CHRISTOPHER L. COLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
234,821 S.F. +/- 6.768 AC. SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED
CONSERVATION EASEMENT 2 DESCRIPTION RECORDED IN BOOK 596, PAGE 566 ; THAT THE BOUNDARIES
568,935 S.F. +/- 13.061 AC. NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION
FOUND IN BOOK (AS SHOWN), PAGE'. (AS SHOWN); THAT THE RATIO OF
PRECISION OR POSITIONAL ACCURACY AS CALCULATED IS 1: 1 5,000; THAT
TOTAL: THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED
863,756 S.F. AND THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE
RECOMBINATION OF EXISTING PARCELS, A COURT -ORDERED SURVEY, OR
+/- 1 0.829 AC. OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION;
(1) CLASS OF SURVEY: CLASS -A ;`\�\1'�,j` 'CARp
NAIL (FOUND) (2) POSITIONAL ACCURACY: 0.07'oFEssro; �1 ;-
NAIL (FOUND)
1 OPO (3) TYPE OF GPS FIELD PROCEDURE: RTK/VR5
��� (4) DATES OF FIELD SURVEY: 3/23/202 1 Q SEAL =� "
N:537,506.05 , �0 � =
E: 2,264,81004 O� G ��pl (5) DATUM/EPOCH: NAD83/201 I = L-5008
(6) GEOID MODEL: 1 2A e �; W
l20 (7) COMBINED GRID FACTOR(S): 0.09387000 �9
(8) UNITS: U.S. SURVEY FEET fD SURv�' G�:
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LICENSE NUMBER ''��,OP
,,���
AND SEAL THIS 8TH DAY OF MAY, A.D.,2023.
°0 \ r\N�o Digital) signed b Christopher L. Cole
�� Christopher L. Cole . y y Date. 2023.05.08 09:05:25 -04 00
\ CHRISTOPHER L. COLS
REGISTRATION/LICENSE NO. NCPLS L-5008
\ NC FIRM LICENSE NO. C-4288
\ \ 0�Prqjented For R tration
3 Dote
\ F Time AM
\ \ 289 CONST4CE 8. CORAM .
\$ 8 Register of Deeds
PROPERTY LINE PER BOUNDARY �� Coun .C.
LINE AGREEMENT l� \
DEED BOOK: 3739 \ Deputy
PAGE 59
Ln
LO
LO
_ \
F
NOW OR FORMERLY \
DOUGLAS ALLEN JERNIGAN \
AILEE N K JERNIGAN \
PARCEL ID: 256366246E \
DEED BOOK: 2832 \
PAGE:255
I �
PROPERTY LINE PER BOUNDARY
J I I �� �✓
LINE AGREEMENT 81�
DEED BOOK: 3739 _
PAGE 59
�j
CONSERVATION
EASEMENT " III
294,821 S.F.
+ - 6.768 AC.
A2
0
T
QS1j3C)'WIDE
�J ACCESS AREA
00y\ Q\ \
O
6�
\
BOUNDARY LINE/LCE FOLLOW
THE CENTERLINE OF THE CREEK
PLAT BOOK: L
PAGE: 62
�0
vi
�3
00
3t L6 vDK
�3
BOUNDARY LINE/LCE FOLLOW
THE CENTERLINE OF THE CREEK
L I PLAT BOOK: L
PAGE: 62
A L22 \
2�\ NOW OR FORMERLY o�
LILLIE JONES \
PARCEL ID: 256354 1 295
DEED BOOK: 1 102 \
PAGE: 53 1
r 29
CONSERVATION
EASEMENT "2" \ q2g
5G8,935 S.F.
+/- 13.06 I AC.
NOW OR FORMERLY
J05EPH POWELL
PARCEL ID: 2563655 1 97
DEED BOOK: 1 390
PAGE: 535
REVIEW OFFICER CERTIFICATION
I, REVIEW OFFICER OF
A E UN CERTIFY THAT THE MAP OR PLAT TO
WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL
STATUARY REQUIREMENTS FOR RECORDING FOR
WHICH THE REVIEW OFFICER HAS RESPONSIBILITY AS
PROVIDED BY LAW.
�f . e✓ L1
REvIqy0ff4ER
WAYNE COUNTY MAPPING DEPARTMENT
LEGEND
0 REBAR (SET)
O POINT NOT SET
-PL
PROPERTY LINE (SURVEYED)
- - PL- - -
PROPERTY LINE (NOT SURVEYED)
---RW---
RIGHT OF WAY
- - TB - -
TOP OF BANK
CONSERVATION EASEMENT
3 3
11O
IO
ao
CONSERVATION EASEMENT " I "
CONSERVATION EASEMENT "2"
LINE TABLE
LINE
BEARING
LENGTH
L I
S72'03'35"W
122.89
L2
S50'35'04"W
105.26
L3
S57'22'30"W
147.10
L4
S45`54'09"W
31.17
L5
S74'18'33"W
23.38
LG
N85'29'28"W
18.55
L7
S67'35'51"W
78.79
L8
j S79-41'38"W
33.01
L9
S47.36'02"W
10.27
LIO
S83°41'36"W
26.60
L I I
S37'55'29"W
24.13
L12
S82°30'45"W
50.42
L 13
S41 °30'20"W
17.17
L14
S72'51'08"W
10.82
L15
S60'32'15"W
40.79
LIG
S79'11'04"W
28.34
L 17
S44'08'07"W
25.57
LI8
S75'40'49"W
27.90
L 13
S41 °39'39"W
28.38
L20
S56'48'38"W
30.84
LINE TABLE
LINE
BEARING
LENGTH
LG I
S02°46'31 "W
67.89
LG2
S17°43'19"W
190.90
L63
N28°50'37"W
17.63
LG4
S57-55'13"W
40.91
VICINITY MAP
(NOT TO SCALE)
N �
W
z°
J
SITE
LINE TABLE
LINE
BEARING
LENGTH
L21
S43'22'47"W
54.55
L22
S86'20'25"W
32.20
L23
S62'54'05"W
36.37
L24
S59'11'31 "W
47.68
L25
S44'43'32"W
54.70
L26
N25°47'08"W
221.70
L27
N51 °34'38"E
110.72
L28
N72'04'09"E
181.94
L29
N32°00'33"E
114.01
L30
N53°00'35"E
125.55
B I
S11`01'09"W
236.90
L32
S72'03'35"W
204.54
L33
S78'23'35"W
66.58
L34
N25'47'08"W
238.81
L35
N45°30'16"E
6.46
L3G
N62'04'50"E
44.25
L37
N66'40'08"E
26.88
L38
N69`13'22"E
41.97
L39
N77°45'46"E
33.78
L40
S86'07'35"E
11.15
R CHAPEL CH.
LINE TABLE
LINE
BEARING
LENGTH
L41
S69'22'24"E
13.91
L42
N65°57'53"E
46.38
L43
N70'29'08"E
90.75
L44
N36`07'03"E
35.46
L45
N67.38'21 "E
120.46
L4G
N64'17'13"E
39.52
L47
N58°18'00"E
178.95
L48
N08.35'04"E
51.03
L49
N04°07'17"E
154.24
L50
N52'00'57"E
12.57
L5I
N64'54'38"E
181.98
L52
N15°44'32"W
216.33
L53
N66°38'05"E
188.69
L54
S26°02'32"E
105.58
L55
S07-52'26"W
39.91
L5G
S43.10'51 "W
46.96
L57
S11'28'21 "W
40.48
L58
S30°58'50"E
108.55
L59
SO4'05'51"E
121.41
L60
S64-24'20"W
1 175.16
w
-0
I
IRON PIPE
ACCESS TO
I
O
LLJECQNSFPVATIONASEMENT
_
�� T e
(FOUND)
AREAFROM"THUND
Z
r�� I� '�
SWAMP ROADER
FZ-
c l 50?
NAIL (FOUND)
(TIE)
NAD(53/201 I
N:535,926.32
�r E:2,267,547.09
i
SURVEYORS NOTES:
1) BASIS OF BEARINGS: NCGS GRID COORDINATES,
NAD 83/201 1 DATUM.
2) FIELD WORK COMPLETED ON 4/ 1 5/202 1.
3) ALL DISTANCES ARE HORIZONTAL GRID DISTANCES IN U.S.
SURVEY FEET UNLE55 OTHERWISE NOTED.
4) THE AREAS SHOWN HEREON WERE COMPUTED USING THE
COORDINATE COMPUTATION METHOD.
5)LINES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM
INFORMATION REFERENCED ON THE FACE OF THIS PLAT.
6)PROPERTY SUBJECT TO ALL EASEMENTS AND
RESTRICTIONS OF RECORD.
7) FLOODPLAIN ZONE X
MAP:3720256400K
DATE: G/20/ 1 8
CID: 370254
PANEL: 2564
�o
M
8) "ACCESS AREAS" SHOWN ARE NOT EASEMENTS.
),It,00
A
1� 2
THIS SURVEY DOES NOT REPRESENT A COMPLETE BOUNDARY
p
SURVEY OF ANY TRACT SHOWN HEREON AND IS ONLY
INTENDED TO ILLUSTRATE THE LIMITS OF A CONSERVATION
2
EASEMENT
2.00, of 1001 2-00' 400`
800,
IN FEET
1 INCH = 200 FEET
REVISION: 5/8/2023-REVISED SOUTHERN DISTANCE OF
CONSERVATION EASEMENT 2 FROM 1418.0 PTO 1429.00
CONSE'K`VATION EASEMENT SUKVEY
OWNERS
DOUGLAS ALLEN JERNIGAN AND AILEEN K
JERNIGAN
BKOGDON TOWNSHIP, WAYNE COUNTY, NC
PREPARED FOR
ENVIRONMENTAL BANC � EXCHANGE, LLC
"PROJECT NAME: SHADY GROVE"
NC FIRM LICENSE NO: C-4288 NC PLS NO: L-5008
'4'dagd swwcqxwf ;v. G.
Professional Land 5urveyn6j * Consulting
116 WIIIlam5 Road, MOckaVIlle, NC 27028
Phone: (704) 579-7 197
Small: 5urveyor.chrl5007@gmall.com
PROJECT. 21-02 -11
SHEET 1 OF 1 SCALE: 1-200 MAP: 3/2/202-3
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 1 NC-CT-FSAC-01080.365396-20-12609DU
ALTA COMMITMENT FOR TITLE INSURANCE
Issued by
CHICAGO TITLE INSURANCE COMPANY
NOTICE
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions,
Chicago Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the
terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A
for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar
amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I-Requirements have not been met within six (6) months after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
Chicago Title Insurance Company
By:
Countersigned By:
Minette Van Goethem,Authorized Signatory
Authorized Officer or Agent
Michael J. Nolan, President
Attest:
Marjorie Nemzura, Secretary
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 2 NC-CT-FSAC-01080.365396-20-12609DU
Transaction Identification Data for reference only:
Issuing Office:Chicago Title Company, LLC,300 Blackwell Street, Suite 103, Durham, NC 27701
Phone: (919)682-3018
Fax: (919)682-3518
Commitment Number:20-12609DU
Property Address:Thunder Swamp Road,Mount Olive, NC 28365
SCHEDULE A
1. Commitment Date: July 29, 2022 at 08:00 AM
2. Policy to be issued:
(a)ALTA Owner's Policy (06-17-06)
Proposed Insured:Environmental Banc & Exchange, LLC, a Maryland LLC
Proposed Policy Amount:$605,400.00
3. The estate or interest in the Land described or referred to in this Commitment is:
Conservation Easement
4. Title to the Fee Simple estate or interest in Land is at the Commitment Date vested in:
Douglas Allen Jernigan and Aileen K. Jernigan
5. The Land is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 3 NC-CT-FSAC-01080.365396-20-12609DU
EXHIBIT "A"
Legal Description
Lying and being situate in Wayne County, North Carolina, and being more particularly described as follows:
TRACT 1:
TRACT 2:
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 4 NC-CT-FSAC-01080.365396-20-12609DU
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
(A deed of trust securing a one-to-four-family residential property must be recorded prior to disbursement of funds.
A deed of trust securing non one-to-four family residential property that will be recorded more than 30 days
following funding of the loan requires PRIOR approval of Company's underwriting counsel.)
a.Conservation Easement from Douglas Allen Jernigan and Aileen K. Jernigan and spouse/their respective
spouses, if any, to Environmental Banc & Exchange, LLC, a Maryland LLC.
5.Cancellation, release, termination, discharge, or satisfaction of record of the following: (In the event the lien to be
cancelled or satisfied is a line of credit such as a home equity line or future advance loan secured by a deed of
trust, attorney to verify as applicable under North Carolina law: (i) delivery of borrower's written request and notice
to lender to terminate borrower's account, (ii) payoff in full of all outstanding sums secured by the deed of trust,
and (iii) release of the Land from or cancellation of public record of the deed of trust.)
a.Deed of Trust to John P. Edwards, Jr., Trustee for CBC National Bank, filed for record March 18, 2016, in
Book 3214, page 679, securing $4,850,000.00. [1st position lien]
b.Request for Copy of Notice of Sale dated March 18, 2016, recorded in Book 3214, page 761, Wayne
County Registry
c.Request for Copy of Notice of Sale dated March 18, 2016, recorded in Book 3214, page 762, Wayne
County Registry
d.Assignment of Leases and Rents in favor of CBC National Bank, recorded in Book 3214, page 737.
e.UCC Fixture Filing Financing Statement, recorded in Book 3214, page 756; and UCC Financing
Statement Amendment recorded in Book 3563, Page 197, Wayne County Registry.
f.Deed of Trust to William H. Weatherspoon, Jr., Trustee for Yadkin Bank, filed for record March 20, 2015,
in Book 3145, page 65, securing $3,250,000.00; as affected by that Subordination Agreement dated
February 16, 2016, recorded in Book 3214, page 758; ; as affected by that Assignment of Deed of Trust,
Assignment of Rents and Security Agreement recorded in Book 3584, Page 758, [2nd position lien]
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 5 NC-CT-FSAC-01080.365396-20-12609DU
g.Deed of Trust to Scott C. Gayle, Tuggle, Duggins P.A., Trustee for Clean Blue BIo Farms, LLC, filed for
record March 31, 2015, in Book 3147, page 50, securing $789,375.00; as affected by that Subordination
Agreement dated March 31, 2015, recorded in Book 3215, page 104, Wayne County Registry. [3rd
position lien]
h.Federal Tax Liens filed in 17 M 261, 19 M 86, and 21 M 91, all filed in Wayne County Clerk of Courts.
6.Payment of all taxes (including deferred taxes) and assessments (pending or confirmed) which are or may
become a lien on the Land and are due OR payable at time of recording of the instrument creating the interest to
be insured.
DEFERRED TAXES TO BE PAID
2022 TAXES DUE AND PAYABLE AT CLOSING
7.Payment of any owners' association dues, charges, or assessments claimed or due and payable at time of
recording of the instrument creating the interest to be insured, whether or not a claim of lien has been filed, if
same are or may become a lien superior to the interest to be insured.
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 6 NC-CT-FSAC-01080.365396-20-12609DU
8.Receipt of applicable NCLTA form below (or substantially similar form approved by Company), completed,
executed and notarized, as follows:
NO RECENT (last 120 days) OR CONTEMPLATED CONSTRUCTION:
NCLTA FORM 1 (Owner Affidavit) from every seller (on sale) or borrower (on refinance) who has not contracted
for recent or contemplated improvements on the Land or for a construction loan.
NOTE: If a contract purchaser has contracted for or is contemplating improvements, see “CONSTRUCTION
CONTEMPLATED OR IN PROCESS” below.
RECENTLY COMPLETED IMPROVEMENTS:
Non-MLA project: NCLTA FORM 2 (Owner/Contractor Affidavit, Lien Waiver, and Indemnity) from every Owner
and every Contractor.
MLA project:
(1) Receipt of proof satisfactory to the Company that prior to closing or prior to first contracting for construction
(whichever occurs first),
(a) A Lien Agent was designated on the LiensNC.com website, AND
(b) The Appointment of Lien Agent was posted at the Land.
(2) NCLTA FORM 5 (Owner Affidavit) from every Owner; AND
(3) NCLTA FORM 6 (MLA Lien Waiver) from every PLC-MLA.
CONSTRUCTION CONTEMPLATED OR IN PROCESS:
Non-MLA project: NCLTA FORM 3 (Owner/Contractor Affidavit, Indemnity and Lien Subordination) (for lender
coverage only) from every Owner and every Contractor.
MLA project:
(1) Receipt of proof satisfactory to the Company that prior to closing or prior to first contracting for construction
(whichever occurs first):
(a) A Lien Agent was designated on the LiensNC.com website, AND
(b) The Appointment of Lien Agent was posted at the Land;
(2) NCLTA FORM 5 (Owner Affidavit) from every Owner; AND;
(3) NCLTA FORM 6 (MLA Lien Waiver) or NCLTA FORM 7 (MLA Subordination of Liens) from every PLC-MLA.
NOTE: If a contract purchaser has contracted for or is contemplating improvements prior to closing, see “NO
RECENT IMPROVEMENTS” above regarding seller lien affidavits as well.
MLA Project - MLA NOT Appointed Prior to Contracting for Labor Services or Materials:
In all cases in which an MLA was required but not (timely) appointed, prior approval and terms of coverage (if any)
by Company underwriting counsel is required.
Applicable Definitions:
“Non-MLA Projects”: Improvements are (1) first contracted before April 1, 2013, (2) for a value less than $30,000
OR (3) solely for improvements to owner’s existing residence. All other projects (other than public projects) are
“MLA projects”.
“Owner” is holder of any interest in the Land, including leasehold owner or contract purchaser.
“Potential Lien Claimant” (or “PLC - MLA”) is any person (or entity) entitled to file a claim of lien on real property
(herein “Liens”), for providing labor, services, (including design professionals such as surveyors, architects,
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 7 NC-CT-FSAC-01080.365396-20-12609DU
engineers and landscape engineers), materials or rental equipment provided for improvements to the Land (herein
“Improvements”), pursuant to Article 2 of Chapter 44A of the North Carolina General Statutes AND who either
has filed a Notice to Lien Agent, OR was identified in the original Appointment, OR is a Design Professional OR is
a PLC whose first furnishing was within 15 days prior to closing OR (for waivers) delivered a claim of lien upon
funds on the Owner.
“Contractor” Any person or entity who has performed or furnished or has contracted to perform or furnish Labor,
Services or Materials pursuant to a contract, either express or implied, with the Owner of real property for the
making of an Improvement thereon OR who has delivered a claim of lien upon funds to the Owner.
9.If the transaction involves the purchase of property at foreclosure, the purchase of real estate owned (REO) by a
lender/servicer, or the subsequent resale or mortgage of property where the grantor or mortgagor was a purchaser
of REO property; verification that the defaulted borrower in the foreclosure proceeding, or anyone claiming by,
through or under him, is not occupying or in possession of the foreclosed property.
10.IN THE EVENT THAT, AT TIME OF CLOSING, THE REGISTER OF DEEDS HAS DISCONTINUED ALL
RECORDING OR THE ABILITY TO EXAMINE OR UPDATE PUBLIC RECORDS IS PREVENTED BY
CORONAVIRUS STATE OF EMERGENCY OFFICE CLOSURES, BUT ALL PARTIES DESIRE TO CLOSE
BEFORE DELAYED RECORDING WHEN REGISTER RESUMES RECORDING, CONTACT THE COMPANY
FOR FURTHER REQUIREMENTS.
11.For issuance of survey coverage: Company must be provided with a current surveyor's report and survey of the
Land bearing the signature and seal of a licensed North Carolina surveyor and prepared in accordance with North
Carolina standards for surveys of land or the Minimum Standard Detail Requirements for ALTA/ACSM Land Title
Surveys.
12.SATISFIED The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being
insured, and any additional premium must be paid at that time. An Owner’s policy should reflect the purchase
price of the Land. A Loan Policy should reflect the loan amount. Proposed Policy Amount(s) will be revised and
premiums charged consistent therewith when the final amounts are approved.
13.Verification as of closing of (1) the due organization and good standing of Environmental Banc & Exchange, LLC,
a Maryland LLC (herein "Entity") in its state or country of organization and (2) authority of individual(s) executing
documents on behalf of Entity to enter into the transaction to be insured on its behalf.
END OF SCHEDULE B, PART I
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 8 NC-CT-FSAC-01080.365396-20-12609DU
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC
COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I - Requirements are met.
2.Taxes or assessments for the year 2022, and subsequent years, not yet due or payable.
3.All deferred taxes.
4.Any discrepancy, conflict, matters regarding access, shortage in area or boundary lines, encroachment,
encumbrance, violation, variation, overlap, setback, easement or claims of easement, riparian right, and title to
land within roads, ways, railroads, watercourses, burial grounds, marshes, dredged or filled areas or land below
the mean highwater mark or within the bounds of any adjoining body of water, or other adverse circumstance
affecting the Title that would be disclosed by a current inspection and accurate and complete land survey of the
Land.
5.Rights of others in and to the continuous and uninterrupted flow of the waters bounding or crossing the Land and
riparian and/or littoral rights incident to the Land and claims to Land created or lost by accretion, reliction or
avulsion resulting from movement of the creeks forming the boundary of the insured Land.
6.[INTENTIONALLY DELETED] Memorandum of Farm Acreage Lease Agreement, dated February 3, 2016,
recorded in Book 3226, page 829, Wayne County Registry; as affected by Corrective of Schrivener's Affidavit for
Notice of Typographical or Other Minor Error, recorded in Book 3241, page 460, Wayne County Registry.
EXPIRED BY ITS TERMS
7.Rights of tenants in possession, as tenants only, under unrecorded leases.
8.The correctness of the square footage/acreage computation contained in the description of the Land is not
insured.
9.Terms and provisions set forth in that Conservation Easement recorded in Book ____, page ____.
10.Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse
circumstance affecting the Title disclosed by plat(s) recorded in and Plat Book P, Page 63-B, Wayne County
Registry.
THE FOLLOWING EXCEPTIONS APPLY TO TRACT 1:
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 9 NC-CT-FSAC-01080.365396-20-12609DU
11.Memorandum of Agreement dated July 7, 2020, by and between Douglas Allen Jernigan and wife, Aileen K.
Jernigan and Environmental Banc & Exchange, LLC, recorded in Book 3534, page 501, Wayne County Registry
12.Easement dated December 20, 1991, to Carolina Power and Light Company recorded in Book 1317, page 284,
Wayne County Registry.
13.Easement dated July 31, 2003, to Progress Energy Carolinas, Inc. recorded in Book 2125, page 849, Wayne
County Registry.
14.Easement dated December 17, 2002, to Carolina Power and Light Company recorded in Book 2260, page 718,
Wayne County Registry.
15.Easement dated May 19, 2010, to Carolina Power and Light Company recorded in Book 2784, page 371, Wayne
County Registry.
16.THE FOLLOWING EXCEPTIONS APPLY TO TRACT 2:
17.Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse
circumstance affecting the Title disclosed by plat(s) recorded in Plat Cabinet L, Slide 62-D,Wayne County
Registry.
18.Memorandum of Agreement dated July 7, 2020, by and between Douglas Allen Jernigan and wife, Aileen K.
Jernigan and Environmental Banc & Exchange, LLC, recorded in Book 3534, page 508, Wayne County Registry
19.Easement dated April 4, 1988, to Carolina Power & Light Company recorded in Book 1202, page 492, Wayne
County Registry.
20.Easement dated October 23, 1988, to Carolina Power & Light Company recorded in Book 1218, page 594,
Wayne County Registry.
21.Easement dated June 21, 2001, to Carolina Power & Light Company recorded in Book 1865, page 463, Wayne
County Registry.
22.Easement dated December 17, 2002, to Carolina Power & Light Company recorded in Book 2260, page 714,
Wayne County Registry.
23.Easement dated April 25, 2007, to Carolina Power & Light Company recorded in Book 2543, page 204, Wayne
County Registry.
24.Boundary Line Agreement recorded in Book 3739, Page 51, Wayne County Registry.
END OF SCHEDULE B, PART II
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 10 NC-CT-FSAC-01080.365396-20-12609DU
REMARKS
NO CLOSING SERVICES INSURANCE: As to the transaction for which this Commitment is issued, the Company
does not afford insured closing protection/closing services insurance absent revision of this Commitment to
include a statement that coverage is afforded to those parties identified in a separate closing protection letter
issued simultaneously with revision of the Commitment. Any closing protection coverage or letter which heretofore
may have been issued is hereby rescinded and shall not be effective as to this transaction. Any closing protection
letter subsequently issued shall not be effective as to this transaction absent the accompanying requisite revision
of this Commitment.
END OF REMARKS
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 11 NC-CT-FSAC-01080.365396-20-12609DU
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include
any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads,
avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be
insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant
to this Commitment.
(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge.
(h) "Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this
Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I-Requirements;
(f) Schedule B, Part II-Exceptions; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse
claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment
Condition 5. The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between
the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the
Proposed Insured's good faith reliance to:
(i) comply with the Schedule B, Part I-Requirements;
(ii) eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of
the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in
Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I-Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company's liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 20-12609DU Revision 4 AUGUST 17, 2022
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the
Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08-01-16)Printed: 08-17-22 @ 06:37 PM
101046D0102.doc / Updated: 03.28.22 Page 12 NC-CT-FSAC-01080.365396-20-12609DU
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether
written or oral, express or implied, relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond
the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is
not the Company's agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A
pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment
to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is Two Million And No/100 Dollars
($2,000,000.00) or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A
Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
END OF CONDITIONS
12
VIII. CREDIT RELEASE SCHEDULE
A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval
by DWR, it is agreed that the Riparian Buffer Credits and Nutrient Offset Credits
associated with each individual Bank Parcel will become available for sale to a third party
in accordance with Credit Release Schedule in Table 3.0 below.
Table 3.0 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
Task Project Milestone
% Credit
Available for
Sale
1
Instrument and BPDP Approved by DWR, Conservation Easement
Recorded* and Financial Assurance Posted 20
2
All Riparian Earthwork & Mitigation Activities, Planting and Installation
of Monitoring Devices completed, easement boundaries adequately
marked, all applicable permits obtained, site visit performed by DWR 20
3 Monitoring Financial Assurance Posted and Approval of As-Built Report 10
4
Monitoring Report #1: Approved by the DWR** & Financial Assurance
Posted 10
5
Monitoring Report #2: Approved by the DWR** & Financial Assurance
Posted 10
6
Monitoring Report #3: Approved by the DWR** & Financial Assurance
Posted 10
7
Item B (1) of Section X in this Instrument has been completed and
approved by DWR. 5
No remaining credits will be released until the conservation easement has
been assigned to an approved land trust or stewardship
8
Monitoring Report #4: Approved by the DWR** & Financial Assurance
Posted 5
9
Monitoring Report #5: Approved by the DWR** and final site visit by
DWR has been conducted 10
Total 100%
* For specification, please see Section V in this Instrument
** DWR Approval provided upon a determination that the site is meeting success criteria contained within the
approved BPDP
B. DWR may modify credit release schedules based on the information submitted or the order
in which required information is received. DWR will notify the Sponsor of any
modification to the credit release schedule.
Any major deviations to the Bank Parcel that were not authorized in writing by DWR
prior to implementation may affect the amount of riparian buffer credits and nutrient
offset credits that will be generated by the Bank Parcels
Original Mit Plan Credits 28,515.000 950.500 28,225.981
Riparian Buffer and Nutrient Offset Credit Release Schedule TOTAL (As-Built) Credits: 29,707.000 1,980.400 28,942.848
Credit Release # % Restoration* Preservation* Nitrogen*
1 Instrument and BPDP Approved by DWR, Conservation Easement Recorded and
Financial Assurance Posted 20% 5,941.400 396.080 5,788.570
2
All Riparian Earthwork & Mitigation Activities, Planting and Installation
of Monitoring Devices completed, easement boundaries adequately
marked, all applicable permits obtained, site visit performed by DWR
20% 5,941.400 396.080 5,788.570
3 Monitoring Financial Assurance Posted and Approval of As-Built Report 10% 2,970.700 198.040 2,894.285
4 Monitoring Report #1: Approved by the DWR** & financial assurance renewed 10% 2,970.700 198.040 2,894.285
5 Monitoring Report #2: Approved by the DWR** & financial assurance renewed 10% 2,970.700 198.040 2,894.285
6 Monitoring Report #3: Approved by the DWR** & financial assurance renewed 10% 2,970.700 198.040 2,894.285
7 Item B (1) of Section X in this Instrument has been completed and approved by DWR. 5% 1,485.350 99.020 1,447.142
8 Monitoring Report #4: Approved by the DWR** & financial assurance renewed 5% 1,485.350 99.020 1,447.142
9 Monitoring Report #5: Approved by the DWR** and final site visit by DWR has been
conducted 10% 2,970.700 198.040 2,894.285
*Numbers are based on As-Built credit amounts.
Table 7. Shady Grove, 2020‐1091v2, Project Credits
Project Area
N Credit Conversion Ratio (ft2/pound)
P Credit Conversion Ratio (ft2/pound)
Credit Type Location
Subject? (enter
NO if
ephemeral or
ditch 1)
Feature Type Mitigation Activity Min‐Max Buffer
Width (ft)Feature Name Total Area (ft2)
Total (Creditable)
Area of Buffer
Mitigation (ft2)
Initial Credit
Ratio (x:1)% Full Credit Final Credit
Ratio (x:1)
Convertible to
Riparian
Buffer?
Riparian Buffer
Credits
Convertible to
Nutrient Offset?
Delivered
Nutrient Offset:
N (lbs)
Delivered
Nutrient
Offset: P (lbs)
Buffer Rural Yes I / P Restoration 0‐100 DJ1 13,775 13,775 1 100% 1.00000 Yes 13,775.000 Yes 718.798 —
Buffer Rural No I / P Restoration 0‐100 DJ2 15,932 15,932 1 100% 1.00000 Yes 15,932.000 Yes 831.353 —
Nutrient Offset Rural No Ditch Restoration 0‐100 DJ3, DJ5 211,491 1 100% No — Yes 11,035.883 —
Nutrient Offset Rural Yes I / P Restoration 101‐200 DJ1 90,166 1 33% No — Yes 4,704.982 —
Nutrient Offset Rural No I / P Restoration 101‐200 DJ2 29,237 1 33% No — Yes 1,525.626 —
Nutrient Offset Rural No Ditch Restoration 101‐200 DJ3, DJ5 223,765 1 33% No — Yes 11,676.357 —
Nutrient Offset Rural No Ditch Restoration 0‐100 Non‐diffused Flow
Deductions (DJ3)4,350 1 100% No — No — —
Nutrient Offset Rural No Ditch Restoration 101‐200 Non‐diffused Flow
Deductions (DJ3)4,350 1 33% No — No — —
———
———
———
———
———
———
———
———
———
———
———
Totals (ft2):593,066 29,707 29,707.000 30,492.999 0.000
Total Buffer (ft2):29,707 29,707
Total Nutrient Offset (ft2):563,359 N/A
Total Ephemeral Area (ft2) for Credit:00
Total Eligible Ephemeral Area (ft2):9,902 0.0%Ephemeral Reaches as % TABM
Enter Preservation Credits Below Total Eligible for Preservation (ft2):9,902 25.0%Preservation as % TABM
Credit Type Location Subject? Feature Type Mitigation Activity Min‐Max Buffer
Width (ft)Feature Name Total Area (sf)
Total (Creditable)
Area for Buffer
Mitigation (ft2)
Initial Credit
Ratio (x:1)% Full Credit Final Credit
Ratio (x:1)
Riparian Buffer
Credits
Buffer Rural Yes I / P0‐100 DJ1 137,815 0 10 100% —
Buffer Rural No I / P0‐100 DJ2 18,013 9,902 5 100% 5.00000 1,980.400
Buffer Rural Yes I / P 101‐200 DJ1 16,806 0 10 33% —
Rural No I / P 101‐200 DJ2 4,031 0 5 33% —
Preservation Area Subtotals (ft2):176,665 9,902
Square Feet Credits
29,707 29,707.000
0 0.000
9,902 1,980.400
39,609 31,687.400
Square Feet Credits
Nitrogen:28,942.848
Phosphorus:0.000563,359
TOTAL AREA OF BUFFER MITIGATION (TABM)
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Nutrient Offset:
Preservation:
Total Riparian Buffer:
Neuse 03020201 ‐ Outside Falls Lake
19.16394
N/A
Restoration:
Enhancement:
Mitigation Totals
1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a).
last updated 08/03/2020
Mitigation Bank Construction
Performance Bond
Bond No. 612402539 Penal Sum: $ $150,000.00
Know AB Men By These Presents,
That we, Environmental Banc & Exchange, LLC of 6575 West Loop South, Suite 300 Bellaire, TX 77401
(hereinafter called the Principal), as Principal, and United States Fire Insurance Company with an office at
305 Madison Avenue, Morristown, NJ 07960, a corporation duly organized under the laws of the State of
Delaware (hereinafter called the "Surety"), as Surety, are held and firmly bound unto the North Carolina
Department of Environmental Quality - Division of Water Resources, 1617 Mail Service Center, Raleigh,
NC 27699-1617 (hereinafter called the "Obligee"), as Obligee, up to the maximum penal sum of One Hundred
Fifty Thousand and 00/100 Dollars ($150,000.00) (hereinafter called the "Maximum Penal Sum"), for the
payment of which we, the Principal and the Surety, bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into the RES 2021 Noose Umbrella Mitigation Banking Instrument
for Nutrient Offset and Buffer Mitigation Credits (hereinafter called the "UMBI") with the Obligee,
dated the 12"' day of November, 2021, which includes the Shady Grove Riparian Buffer and Nutrient Offset
Bank Parcel Development Package (herein after called the BPDP) for the Shady Grove Riparian Buffer and
Nutrient Offset (the "Bank Site") where financial obligations by the Principal are explicitly written and agreed
upon between the Principal and the Obligee, the UMBI and BPDP are hereby referred to and made a part hereof
as if fully set forth herein.
WHEREAS, the Principal has received approval of their BPDP` by the North Carolina Division of Water
Resources ("NCDWR") and that the NCDWR has granted the necessary approval, subject to the posting by the
Principal of this Bond (the "Bond"), to insure full compliance with all the terms and conditions of the UMBI
and BPDP; NCDWR 02020-1091 v2.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal
shall successfully complete construction and obtain written approval of an as- built report from the Obligee, then
this obligation shall be null and void; otherwise it shall remain in full force and effect. This Bond is subject to the
following conditions:
1) Obhgee will issue a full and final release of this Bond Upon successful completion of construction and
approval of an as -built report, or if) other security, in the amount of and covering the same obligations
stated herein, is posted with the Obligee.
2) If any payment under this Bond, as set forth in subsection 3 b) below, is made, then the outstanding
penal sum of the Bond shall be reduced by the corresponding amount of such payment.
Notwithstanding anything contained herein to the contnay, the aggregate liability of the Surety is
limited to the Maximum Penal Sum stated above regardless of the number or amount of claims brought
against this bond and regardless of the number of years this bond remains in effect. The Obligee shall
issue a fun and final release of this Bond and any and all of Surety's obligations hereunder when Surety
has tendered payment in whole, or in parts equal to the aggregate sum.
3) The Surety's obligation under this Bond shall only arise after the Obligee has notified the Principal
and the Sorely of the Principal's failure to abide by the terms and conditions of the UMBI and BPDP.
Upon notice of the Principal's default under the UMBI and BPDP, the Surety, in its sole discretion,
shall remedy the Principal's default either under subsection 3) a) or 3) b) below. In the event that the
Surety either fails to respond to Obligee's notice of default within thirty (30) business days of receipt
of said notice, or fails to honor Surety's commitments under this bond to the fun satisfaction of the
Obligee, then Surety shall remedy such default in accordance with subsection 3) c) below.
a) Surety shall remedy Principal's default to the full satisfaction of the Obligee by a reasonable
date certain set by the Obligee; or
b) Surety shall immediately tender to a party, or parties, identified by the Obligee the entire, or a
portion thereof the, Maximum Penal Sum, that the Obligee has determined is due in an effort
to remedy the Principal's default. In no event shall any portion of the Maximum Penal Sum be
tendered to the Obligee. Any new party or parties identified by the Obligee under this section
shall immediately become a Surety or Sureties under this bond for the remaining tetra of the
bond. If the Obligee determines that it is unable to identify such a party, or parties, the Surety
(ies) shall remedy the default of the Principal under subsection 3) a) of this bond;
c) The Surety shall pay to a party, or parties, identified by the Obligee the remaining unexpended
portion of the Maximum Penal Sum. Said sum shall become immediately due to a party, or
parties, identified by the Obligee. In no event shall such sum be tendered to the Obligee. Any
new party or parties identified by the Obligee under this paragraph shall immediately become
a Surety or Sureties under this bond for the remaining term of the bond.
NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, THE
LIABILITY OF THE PRINCIPAL AND SURETY UNDER THIS BOND IS LIMITED TO THE TERM
BEGINNING THE 22nd OF February . 2023, AND ENDING THE 22nd DAY OF February,
2024 AND ANY EXTENSIONS OR RENEWALS OF THE REFERENCED AGREEMENT SHALL BE
COVERED UNDER TH IS BOND ONLY WHEN CONSENTED TO IN WRITING BY THE SURETY. IT IS
FURTHER AGREED THAT THE REFUSAL BY THE SURETY TO EXTEND THE TERM OF THIS BOND
SHALL NOT CONSTITUTE A DEFAULT BY THE PRINCIPAL AND SHALL NOT GIVE RISE TO A
CLAIM OR DEMAND AGAINST THE SURETY UNDER THIS BOND.
In accordance with 33 C.F.R. § 332.3(n)(5), the Surely shall provide the Obligee notification of at least 120 days
in advance of termination, revocation, or modification of this bond.
No right of action shall accme on this bond to or for the use of any person or corporation other than the Obligee
named herein, or their heirs, executors, administrators or successors.
The above -bounden parties have executed this instrument under their several seals, dated this 22nd day of
February , 2023, the name and corporate seal of each corporate party being affixed and these presents duly signed
by its undersigned representative, pursuant to authority of its governing body.
Principal: Environmental Banc and Exchange, LLC
By:
Mi f�Y1�, RLA e910n OpeYtliictnS piV'OdflY
So try': United Staters /Fire ce Company
By: V��u -&1Y/1Mfi'
Vanessa Dominguez, Atto -Fact
Obligee: North Carolina Department of Enironmental Quality
-Division of Water Resources
By:
POWEROFATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE -MORRISSTOWN, NEW JERSEY
KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly orgutimd and existing under the laws of the
stale of Delawem, has made, constituted and appointed, and does hereby make, constitute and appoint: Lupe Tyler; Lisa A. Ward; Donna L.
Williams; Vanessa Dominguez; Erin M. Dennison; Andrea M. Penaloza; Amanda George; Terri L. Morrison;
Gina A. Rodriguez; Misty Wright each, its true and lawful ARomey(s)-hi-Fact, with full power and authority hereby conferred in its name, place
and stand, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business
may require, and ta bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly
executed and acknowledged by the regularly elected offerers of United States Fire Insurance Company a[ its principal office, m amounts or penalties not
exceeding: One Hundred Twenty Five Million Eight Hundred Thousand Dollars (SI25800OW)
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named [hemin, and they have no anthouty to
bind United States Fire humanness Company except in the manner and an the extent thumin stated.
This Power ofAmmey revokes all Previous Powers ofAttomey issued on behalfof the Attorneys -In -Fact named above and expires on January 1, 2023.
This Power of Attorney is granted pursuant to Article IV ofthe By -Laws of United States Fire Insurance Company as now in full force and effect,
and consistent with Article IB thereof, which Articles provide, in pertinent part:
Article 1V, Execution of Instruments - Except as the Board ofDimmars may authorize by resolution, the Chairman ofthe Board, President, any
Vice -President, my Assistant Vice President, the Secretary, or any Assistant Seemtay shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and
decuments whatsoever in comeemm with its business including, without limiting the foregoing, say bonds, guarantees, undertakings,
recognvmces, powers of attorney or revocations of any powers of sttourey, stipulations, policies of insurance, deeds, leases, mortgages,
roleaseu satisfactiens and agency agreements;
(b) ta appoint in writing, one or more persons for any or all ofthe purposes mentioned in the proceding paragraph (a), including effacing the
seal ofthe Corporation.
Article 111, Officers, Section 3.11, Facsimile Signatures. The signature of any offices anthonaed by the Corporation on sign say bonds,
guarantees, undertakings, moognimnces, stipulations, powers of al[omey or revocations of any powers of attorney and policies of insurance
sued by the Corporation may be printed, facsimile, lithographed or otherwise produced. 10 addition, if and as authorized by the Board o£
Directors, dividend warrants orchecks, or other numerous j istmments similar to oar anther in font, may be signed by the facsimile signature
or signatures, lithographed or otherwise produced, of such officer as officers of the Corporation as from time to time may be autborzed m sign
such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of
any person or persons who shall have been such officer or officers argue Corporation, notwithstanding the feet that he may have ceased to be
such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, United States Fire Insurance Company has ..used these presents to be signed and attested by its appropriate officer and
its armature seal hereunto affixed this l lu day of Much, 2021.
8
UNITED STATES FIRE INSURANCE COMPANY
Anthony R Slarm a,Ex.Uu Vice President
Stem of New ]ersey)
Countyof Moms )
On this 1ln day of March 2021, before me, allotary public of the Stars of New Jersey, came the above named officer of United States Five
Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged deco he executed the foregoing
instrument and affixed the seal of United States Fire Insurance Company therein by the authority of his office.
sONIASCAIA �r��„ 4e'a4—
NOTARYPUBLICOFNEWMRSEY Soma Susan, (Notary Public)
MYCOMMISSIONEXPIRES3/25Y M
Net 216J6E6
1, the undersigned officer of United States Fire Insumnce Company, a Delaware corporation, do hereby certify drat the original Power of Attorney of which
the foregoing is a full, true and correct copy is still in force and effect and ban not been revolted.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on thePaaday
of February 20 23
UNITED STATES FIRE INSURANCE COMPANY
J pw""W `'
Daniel Sussman, Senior Vice President
•For verification ofthe authenticity ofthe Power ofARomey, please contact Pat Taberat 860-956-3424 or email: Smelvhnmmes(mamvnlaum
VICINITY MAP
NOT TO SCALE
OBERRY RD
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WAYNE CO., NC
I, ELISABETH G. TURNER, AS A DULY REGISTERED PROFESSIONAL LAND
SURVEYOR IN THE STATE OF NORTH CAROLINA, CERTIFY THAT THIS
BUFFER MAP WAS DRAWN UNDER MY SUPERVISION, IS AN ACCURATE
AND COMPLETE REPRESENTATION OF WHAT WAS CONSTRUCTED IN THE
FIELD. THAT THE EASEMENT BOUNDARY IS BASED ON PLAT BOOK SEE ,
PG NOTES RECORDED IN WAYNE COUNTY REGISTER OF DEEDS
OFFICE, AND THAT THE BUFFER AREAS SHOWN ARE CALCULATED FROM
AS -BUILT CONDITIONS EXCEPT WHERE OTHERWISE NOTED HEREON.
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL
THIS 8th DAY OF JUNE, 2023.
\\11111111
CAR "///
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' SEAL
E ISABETH G. TURNER, P.L.S. #L-4440
m : L-4440 p
S U R.
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GENERAL NOTES:
I . ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY
FEET UNLESS OTHERWISE NOTED.
2. THE BASIS OF BEARINGS 15 NCGS STATE PLANE NAD83(201 1) DATUM,
3. THE AREA SHOWN HEREON WAS COMPUTED U51NG THE COORDINATE
COMPUTATION METHOD.
4. THE PURPOSE OF THI5 MAP 15 TO SHOW THE A5-13UILT AREAS FOR
RIPARIAN BUFFER CREDITS WITHIN THE CONSERVATION EASEMENT. THI5
PLAT 15 NOT A BOUNDARY SURVEY. THE LAND PARCELS AND THEIR
BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT ARE NOT
CHANGED BY THIS MAP.
5. LINE5 NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE
TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THI5 PLAT.
G. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR ENCUMBRANCES
THAT MAY AFFECT THE PIROPERTY(S).
7. CONSERVATION EASEMENT RECORDED IN D.B. 3,516, PG. 492 AND PLAT
BOOK P, PG. 84-D IN THE WAYNE COUNTY REGISTER OF DEEDS OFFICE.
8. STREAM TOP OF BANK LINES TAKEN FROM TOPOGRAPHIC SURVEY BY
ASCENSION LAND SURVEYING P.C.
SHADY GROVE MITIGATION SITE
x x x x x
x x x x x
x x x x x
Riparian Buffer Credit:
SQ. FT.
Acres
Streams & Ditches
37,629
0.864
Buffer Restoration
13,775
0.316
0'-100' (Subject)
Buffer Restoration
15,932
0.366
0'-100' (Non -Subject)
Nutrient Offset
90,166
2.07
101'-200' (Subject)
Nutrient Offset
29,237
0.671
101'-200' (Non -Subject)
Nutrient Offset
2111491
4.855
0'-100' (Non -Subject, Ditch)
Nutrient Offset
223,765
5.137
101'-200' (Non -Subject, Ditch)
Buffer Preservation
137,815
3.164
0'-100' (Subject)
Buffer Preservation
16,806
0.386
101'-200' (Subject)
Buffer Preservation
18,013
0.413
0'-100' (Non -Subject)
Buffer Preservation
41031
0.092
101'-200' (Non -Subject)
No Credit
65,100
1.495
Total CE Area
863J57
19.829
THIS MAP 15 NOT FOR RECORDATION, SALES, OR
CONVEYANCES AND DOES NOT COMPLY WITH G.S. 47-30
MAPPING REQUIREMENTS.
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6/8/2023
URVEYE SD By
SEE NOTE #8
DRAWN BY'. EGT
REVIEWED BY. EGT
RES PROJECT:
102786
FILE: SHADY GROVE
BUFFER AB F
SCALE:,„ _ 200'
SHEET
1 of 2
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SEAL < _
-� L-4440
SHADY GROVE MITIGATION SITE
NOW OR FORMERLY
DOUGLA5 ALLEN JERNIGAN
AILEEN K JERNIGAN
PARCEL ID: 25G3GG24G9
DEED BOOK: 2832
PAGE: 255
LINL LLULNU:
CE CONSERVATION EASEMENT
__...,_ ......... ................ RIGHT—OF—WAY
—PROPERTY LINE
----------_TOP OF BANK (BY OTHERS)
--------- ----- TREELINE
NOTE:
SEE SHEET I FOR GENERAL
NOTES AND BU FFER AREA
SUMMARY.
THIS MAP IS NOT FOR RECORDATION, SALES, OR
CONVEYANCES AND DOES NOT COMPLY WITH G.5. 47-30
MAPPING REQUIREMENTS.
200' 0' 200' 400'
SCALE: 1 inch = 200 feet (110 7)
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DATE: 6/8/2023
SURVEYED BY:
SEE NOTE #8
DRAWN BY: EGT
REVIEWED BY: EGT
RES
PROJECT:
102786
FILE:
SHADY GROVE
BUFFER AB F
SCALE:,„ _ ZOO,
SHEET
2 o f 2