20170887 Ver 2_Year 0 MP Supplemental info_20191122

ID#* 20170887 Version* 2
Select Reviewer:*
Katie Merritt
Initial Review Completed Date 11/25/2019
Mitigation Project Submittal - 11/22/2019
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
r Stream r Wetlands W Buffer r- Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Jason Lorch
Project Information
...................................................................................
ID#:* 20170887
Existing IDY
Project Type:
Project Name:
Email Address:*
[e-mail]
Version:
*2
Existing Version
r DMS r Mitigation Bank
Bethel Branch Buffer Mitigation Bank Parcel
County: Chatham
Document Information
Mitigation Document Type:*
Mitigation Bank Information
File Upload: Bethel Branch Buffer Supplementalinformation_MYO... 13.45MB
Rease upload only one RDFcf the conplete file that needs to be subnitted...
Signature
Print Name:* Jason Lorch
Signature:*

Bethel Branch Buffer Mitigation Bank Parcel
D W R I D# 2017-0887v2
Wildlands Holdings IV, LLC's Cane Creek Nutrient and Buffer Mitigation Bank
AS -BUILT & BASELINE MONITORING REPORT
Supplemental Information
November 2019
%�";v
WILDLANDS
PREPARED BY:
Wildlands Engineering, Inc.
312 West Millbrook Road, Suite 225
Raleigh, INC 27609
Phone: [phone]

AS -BUILT & BASELINE MONITORING REPORT
Supplemental Information
Bethel Branch Buffer Mitigation Bank Parcel
Wildlands Holdings IV, LLC
This supplemental information is provided to address NCDWR comments from the Bethel Branch
Mitigation Bank Parcel As -Built walkthrough on October 1, 2019.
As requested, data was collected by Wildlands in five supplemental random vegetation plots on October
23, 2019. The plots were circular with an area of 100 square meters. Four of the plots were in the pond
area and one was located just below where the pond dam used to be (see Figure 1). Table 1 shows that
supplemental random plots 2 and 3 exceeded the monitoring year 5 (MY5) success criteria of 260 stems
per acre. It also shows that supplemental random plots 1, 4, and 5 failed to meet this success criteria.
Herbaceous vegetation is dense and tall making it difficult to find small trees without a point of
reference, so it is possible some stems were overlooked in this survey. However, when the pond area
was planted the soil was still drying after the pond was drained. It was very wet and soft making it
impossible to walk on. The planting contractor came back at a later date to finish the pond area after the
soil had sufficiently dried out. We now believe they missed some areas when they returned so parts of
the pond area were not planted at the stem density reported in the As -Built Report. Wildlands will
replant those areas this winter to reach the expected stem density.
The trees in fixed vegetation plots 2 and 3 were re -marked, this time with plastic flagging tape for
longevity instead of biodegradable flagging tape (see attached photos). All fixed vegetation plots
exceeded the MY5 success criteria by more than 10%. More detailed information and pictures of each
vegetation plot will be provided in the Monitoring Year 1 Report. The short PVC posts marking the
corners of fixed plot 3 were replaced with five -foot -tall PVC for ease in finding the plot in future
monitoring years.
The bare areas in the old pond bed were covered in straw and seeded in October 2019 after the as built
site walkthrough. The seeds have sprouted but the growing season has ended so Wildlands will continue
to monitor those areas to confirm vegetation growth in the spring.
All construction activities were finished in April 2019, fencing was completed in June 2019, and the
easement was marked with proper signage in July 2019.

Figure 1. Supplemental Vegetation Plot Map
WILD LANDS Bethel Branch Buffer Mitigation Bank Parcel
ENGINEERING 0 50 100 Feet Cape Fear River Basin03030002
Chatham County, NC

SUPPLEMENTAL RANDOM VEGETATION PLOT DATA

Table 1. Supplemental Random Vegetation Plots: Planted Stem Density - UT3 Pond Area
Bethel Branch Mitigation Bank Parcel
DWR ID No. 2017-0887v2
Monitoring Year 0 - 2019
Supplemental Random Vegetation Plot Data (MYO 2019)
Annual Means
Scientific Name
Common Name
Species Type
VP 1
VP 2
VP 3
VP 4
VP 5
MYO (2019)
Total
Total
Total
Total
Total
Total
Betula nigra
River Birch
Tree
2
1
1
4
Celtis occidentalis
Northern Hackberry
Shrub Tree
0
Froxinus pennsylvanica
Green Ash
Tree
1
5
1
7
Liriodendron tulipifera
Tulip Poplar
Tree
0
Platanus occidentalis
Sycamore
Tree
2
5
2
3
12
Quercus lyrato
Overcup Oak
Tree
1
1
Quercus pagoda
Cherrybark Oak
Tree
1
3
2
1
7
Quercus phellos
Willow Oak
Tree
0
Ulmus americana
lAmerican Elm
lTree
1
0
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
2
12
10
3
4
31
1
1
1
1
1
5
0.02
0.02
0.02
0.02
0.02
0.12
2
4
5
2
2
5
81
486
405
121
162
251
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
FailsEails t� equiremen=more than 10%
Total - Number of planted stems

VEGETATION PLOT PHOTOGRAPHS

Fixed Vegetation Plot #2
10/23/2019

1,tr�arr
� � V
�l 2
,erg Awl
� , � �� •�- .i '

Supplemental Random Vegetation Plot #1
10/23/2019
Supplemental Random Vegetation Plot #2

Supplemental Random Vegetation Plot #3
10/23/2019
Y ys 1. Y i
V

71
t a�

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28443-1343
October 21, 2019
REPLY TO
ATTENTION OP_
Regulatory Division/1200A
Action ID No. SAW-2016-02365
Re: Initial and As -Built Implementation Credit Releases associated with Cane Creek Umbrella
Mitigation Bank, Bethel Branch Mitigation Site
Mr. Jeff Keaton
Wildlands Engineering, Inc.
312 W Millbrook Road, Suite 225
Raleigh, North Carolina 27609
Dear Mr. Keaton:
This correspondence is in reference to the Cane Creek Umbrella Mitigation Bank, Bethel
Branch Mitigation Site, located within the South Fork Cane Creek watershed of the Cape Fear
River Catalog Unit (03030002). The site is located at 277 R E Wright Road, near Snow Camp, in
Chatham County, North Carolina. The purpose of this letter is to confirm the Initial and As -Built
Implementation credit releases for this mitigation site.
Pursuant to the Mitigation Banking Instrument (UMBI) entitled, Agreement to Establish the
Cane Creek Umbrella Mitigation Bank in the Cape Fear River Basin within the state of North
Carolina, approved February 1, 2018; the site -specific Bethel Branch Mitigation Site Final
Mitigation Plan (Plan), dated October 2018 and approved November 8, 2018; and the Baseline
Monitoring Document and As -Built Baseline Report — Bethel Branch Mitigation Site dated July
2019, 30 percent of the mitigation site's total restoration and enhancement credits shall be
available for sale immediately upon all of the following:
a. Approval of the Plan (November 8, 2018);
b. Issuance of the 404 permit authorization for construction of the site (November 8,
2018);
c. Delivery of the executed financial assurance documents as described in Section IX of
the UMBI and Section 15.0, page 35 (and Appendix 10), of the Plan, dated October
2018;

d. Recordation of the Corps -approved site protection mechanism described in Section X
of the UMBI, and Appendix 1 of the Plan, Dated October 2018, including a title
opinion covering the property;
e. Successful completion of all stream restoration and enhancement activities (As -Built
Construction) as described in the Plan, dated October 2018;
f. Successful completion of all planting activities as described in the Plan, dated October
2018; and
g. Successful completion of easement fencing suitable for livestock exclusion as outlined
• in the Plan, dated October 2018.
Please note the following comments from the October 1, 2019 IRT site visit:
a. Privet was present along UT 2 and should be removed;
b. Multiple large bare areas were observed along the Upper UT3 section that requires
remedial action;
c. Wetland areas along UT1 appear to have upland pockets and marginal soils. It would
be beneficial to check soil profiles in a year or two, along with the installation of wells
in areas that might be of concern; and
d. Regarding the as -built drawing and report review, DWR has a request to identify the
tree species to be used to correlate bud burst with soil temperature for growing season
start in future monitoring reports.
By copy of this correspondence, we confirm that you have satisfied the above requirements for
the Initial and As -Built Implementation credit releases. As such, 1,560.6 stream mitigation units
(SMUs), and 0.94 wetland mitigation units (WMUs), constituting 30 percent of the mitigation
bank site's total stream and wetland credits are now available for sale.
Thank you for your interest in restoring and protecting waters of the United States. If you have
questions regarding this letter, please contact Samantha Dailey, Raleigh Regulatory Field Office at
Samantha.J.Daile usace.ann .mil or telephone [phone], Extension 22.
Sincerely,
Jean B. Gibby
Chief, Raleigh Regulatory Field Office
Regulatory Division
Electronic Copies Furnished:
NCIRT Distribution List

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
FILED
CHATHAM COUNTY NC
LUNDAYA. RIGGSBEE
REGISTER OF DEEDS
FILED
Oct 02, 2019
AT
09:33:57 am
BOOK
02069
START PAGE
0623
END PAGE
0638
INSTRUMENT # 09951
EXCISE TAX
(None)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
19 day of December 2018 by and between M. Darryl Lindley, Trustee of the M. Darryl
Lindley Revocable Trust Agreement Dated February 12 2009 ("Grantor") and Unique
Places to Save ("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 Chatham 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;

(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: perennial and intermittent streams and riparian buffers. The purpose of
this Conservation Easement is to maintain streams and riparian resources and other
natural values of approximately 16.30 acres, more or less, and being more particularly
described in Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Mitigation Easement Area"), and prevent the use or development of the
Conservation Mitigation Easement Area for any purpose or in any manner that would
conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Mitigation Easement Area is a condition of the approval of the Mitigation Banking
Instrument (MBI) for the Cane Creek Umbrella Mitigation Bank, entitled "Agreement to
Establish the Cane Creek Umbrella Mitigation Bank in the Cape Fear River Basin within
the State of North Carolina" and the Cane Creek Umbrella Mitigation Bank — Bethel
Branch Site Mitigation Plan, Department of the Army (DA) Action ID Number SAW-2016-
00219, to be made and entered into by and between Wildlands Holdings IV, LLC
(Wildlands) acting as the Bank Sponsor and the Wilmington District Corps of Engineers
(Corps), in consultation with the North Carolina Interagency Review Team (IRT). The
Cane Creek Mitigation Site has been approved by the Corps for use as a mitigation bank
to compensate for unavoidable stream and wetland impacts authorized by DA permits.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Mitigation Easement Area is a condition of the approval of the Cane Creek Riparian
Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument (MBI) and Bank
Parcel Development Package (BPDP) for the Bethel Branch Riparian Buffer Mitigation Bank
Parcel, North Carolina Division of Water Resources (NCDWR) Project IN 2017-0887V2, to
be made and entered into by and between Wildlands Holdings IV, LLC (Wildlands), acting
as the Bank Sponsor, and the NCDWR when approved. When approval is granted, the
Cane Creek Riparian Buffer and Nutrient Offset Site can be used to compensate for
riparian buffer impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall
be held by the NCDWR and the Corps (to include any successor agencies) ("Third Parties"),
and may exercised through the appropriate enforcement agencies of the United States
and the State of North Carolina, and that these rights are in addition to, and do not limit,
the rights of enforcement under the NC DWR Project ID#2017-0887V2 and the

Department of the Army instrument number SAW-2016-00219 ("Mitigation Banking
Instrument"), 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 Mitigation Easement Area described on
Exhibit B, together with the right to preserve and protect the conservation values thereof,
as follows:
ARTICLE 1. 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 11.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Mitigation Easement Area inconsistent
with the purpose of this Conservation Easement is prohibited. The Conservation
Mitigation 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 Mitigation Easement Area.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Mitigation 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 Mitigation
Easement Area.
C. Industrial, Commercial and Residential Use Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are prohibited
on the Conservation Mitigation Easement Area.

D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Mitigation 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 Mitigation
Easement Area except as provided in the Mitigation Plan and Bank Parcel Development
Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted
or volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable
once a year for no more than five consecutive years from the date on page I of this
Conservation Easement, except where mowing will negatively impact vegetation or
disturb soils. Mowing activities shall only be performed by Wildlands Holdings IV, LLC
and shall not violate any part of Item L of Article 11.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Mitigation Easement Area; nor enlargement or modification to
existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation Mitigation
Easement Area, except the posting of no trespassing signs, signs identifying the
conservation values of the Conservation Mitigation Easement Area, signs giving
directions or proscribing rules and regulations for the use of the Conservation Mitigation
Easement Area and/or signs identifying the Grantor as owner of the Conservation
Mitigation 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 Mitigation 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 Mitigation Easement Area, except to restore natural
topography or drainage patterns. For purposes of restoring and enhancing streams and
wetlands within the Conservation Mitigation Easement Area, Wildlands is allowed to
perform grading, filling, and excavation associated with stream and wetland restoration
and enhancement activities as described in the Mitigation Plan and authorized by
Department of the Army Nationwide Permit 27.
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. 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 Wildlands, the Grantee, its employees and agents,
successors, assigns, NCDWR, and the Corps for purposes of constructing, maintaining
and monitoring the restoration, enhancement and preservation of streams, wetlands
and riparian areas within the Conservation Mitigation Easement Area.
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Mitigation Easement Area which is or may become inconsistent with the purposes of
this grant, the preservation of the Conservation Mitigation Easement Area substantially
in its natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Mitigation
Easement Area for all purposes not inconsistent with this Conservation Easement,
including, but not limited to, the right to quiet enjoyment of the Conservation Mitigation
Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the
Conservation Mitigation Easement Area, the right to sell, transfer, gift or otherwise
convey the Conservation Mitigation 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 Wildlands Holdings IV, LLC acting as Bank Sponsor, the
right to construct and perform activities related to the restoration, enhancement, and
preservation of streams and riparian areas within the Conservation Mitigation
Easement Area in accordance with the approved Cane Creek Umbrella Mitigation Bank
— Bethel Branch Site Mitigation Plan, the Bethel Branch Bank Parcel Development
Package, and the two Mitigation Banking Instruments described in the Recitals of this
Conservation Easement.

ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the Corps
and NCDWR, shall have the right to enter the Property and Conservation Mitigation
Easement Area at all reasonable times for the purpose of inspecting the Conservation
Mitigation 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, Wildlands, and its authorized
representatives, successors and assigns, the Corps and NCDWR shall also have the right
to enter and go upon the Conservation Mitigation 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
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, the Corps, and
NCDWR are allowed to prevent any activity on or use of the Conservation Mitigation
Easement Area that is inconsistent with the purposes of this Easement and to require
the restoration of such areas or features of the Conservation Mitigation Easement Area
thatmay 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 Corps and the NCDWR 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 of
a subsequent breach or default.

C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Mitigation 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 Mitigation 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 Mitigation 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
Mitigation Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder pursuant to
33 CFR 332.7 (a)(1), under 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 combined Mitigation Banking
Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding
BPDP, and this Conservation Easement set forth the entire agreements 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 except those
incurred after the date hereof which are expressly subject and subordinate to the
Conservation Easement. Grantee shall not be responsible for any costs or liability of any
kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of
the obligation to comply with federal, state or local laws, regulations and permits that
may apply to the exercise of the Reserved Rights.
F. Long -Term Management. If livestock operations will be maintained on the property,
Grantor is responsible for all long-term management activities associated with fencing to ensure
livestock do not have access to the Protected Property. These activities include the maintenance
and/or replacement of fence structures, as deemed necessary 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 Mitigation 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 Mitigation
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 in appropriate 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
Mitigation Easement Area is sold, exchanged, or involuntarily converted following an
extinguishment or the 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:
M Darryl Lindley
1140 Moon Lindley Road
Snow Camp, NC 27349
To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
To Sponsor:
Wildlands Holdings IV, LLC
1430 S. Mint Street, Suite 104
Charlotte; NC 28203
Attention: Shawn D. Wilkerson
Fax: [phone]
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
To NCDEQ -DWR:
NCDEQ— Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
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 Mitigation Easement Area. The
wetlands, scenic, resource, environmental, and other natural characteristics of the
Conservation Mitigation Easement Area, and its current use and state of improvement,
are described in Section 4 of the Mitigation Plan, prepared by Grantor 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 Mitigation
Easement Area will be consistent with the terms of this Conservation Easement.
However, this report is not intended to preclude the use of other evidence to establish
the present condition of the Conservation Mitigation Easement Area if there is a
controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
M. Darryl Lindley Revocable Trust Agreement
Dated February 12, 2009
By:
M. Darryl Lindl y, Trustee
Date:
NORTH CAROLINA
COUNTY OF C' h C'$h n
a Notary Public in and for the
Sounty and State
aforesaid, do hereby certify that /P. ,-) Z1-vVrj ,TrustgeGrantor, personally
appeared before me this day and acknowledged the execution of the foregoing instrument.
of the M. Darryl Lindley Revocable Trust Agreement Dated February 12, 2009
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
dayof Oete—�g,- 201A
ROB BUGG
Notary Pub ' NJ TAF-1 ' PUBLIC
Me_ckie n urg County
My commission expires: Wort Carolina

IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day
and year first above written.
Unique Places to Save
x ///1
By:/ (SEAL)
David Harper, Executive Dir tar
STATE OF NJt t�
COUNTY OF
, DcJ`nC'W`r 0,Y� a Notary Public in and for the County and State
aforesaid, do hereby certify that David Harper, Grantor, personally appeared before me
this day and acknowledged that he is Executive Director of Unique Places to Save, a non-
profit corporation, and that he, as Executive Director, being authorized to do so, executed
the foregoing on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 28 r�
day of 0�.c 20i e.
Notary Public-11
My commission expires:
0 T A R Y 2
jI
h � c ZJ2 s'
_ My Com+'r-._ '. 'Expires
— 24.2023
_—
pUi3LIC
100

This map may not be a certified
survey and has not been reviewed by a local
government agency for compliance with any
applicable land development regulations and has not
been reviewed for compliance with recording
requirements for plats.
PIN 8795 00 07 7766
r V1rI I ()1.:ANI)S
Project Parcels
Parcels
PIN 8795 00 16 6965
PIN 8795 00 15 0886
` Exhibit A - Bethel Branch
0 250 500 Feet
` Cane Creek Mitigation Bank
Cape Fear Fiver Basin 03030002
Chatham County, NC

EXHIBIT B
A Conservation Easement for
Wildlands Engineering, Inc
"Cane Creek Umbrella Mitigation Bank,
Bethel Branch Site"
Property of. M. Darryl Lindley, Trustee
USACE Action ID# SAW-2016-02365
The following conservation easement areas are located off of the intersection of Moon Lindley
Road and R E Wright Road, within the Albright Township, Chatham County, North Carolina and
being on portions of the property conveyed to M. Darryl Lindley in Deed Book 1537 Page 881;
Deed Book 1554 Page 159 and Plat Book 30 page 7 of the Chatham County Register of Deeds and
being more particularly described as follows:
Conservation Easement Area A: +/-4.46 Acres
Being on a portion of land recorded in Deed Book 1537, Page 881 and in Plat Book 30, Page 7 of
the Chatham County Register of Deeds and being more particularly described as follows:
Beginning at a point in the north bounds of Moon Lindley Road, said point being located the
following three (3) courses and distances from an iron pipe designated as'I.P.S. "R"' on plat
entitled; "Survey for Mark Darryl Lindley" prepared by Van R. Finch - Land Surveys, recorded in Plat
Book 30 at Page 7, Chatham County Registry;
1. S50°58'26"E 67.35 feet,
2 S55°39'51"E 4.19 feet, and
3. S55°32'06"E 18.93 feet, thence from the aforesaid POINT OF BEGINNING through lands
conveyed to M. Darryl Lindley Trustee in Deed Book 1537 at Page 881, Chatham County Registry
the following nine (9) courses and distances;
1. N31°33'20"E 144.13 feet,
2. N44°52'40"E 462.77 feet,
3. N29°22'20"E 676.09 feet,
4. N13°52'53"E 260.15 feet,
5. S73°03'34"E 124.56 feet,
6. S13'52'53"W 270.42 feet,
7. S29°22'20"W 709.94 feet,
8. S44°52'40"W 465.18 feet, and
9. S31°33'20"W 131.65 feet to a point located in the north bounds of the aforesaid Moon
Lindley Road, thence along the same the following three (3) courses and distances;
1. N60°14'35"W 53.20 feet,
2. N55°23'12"W 34.12 feet, and
3. N55°32'06"W 37.18 feet to the point of beginning.
Containing in all 194,209 square feet or 4.46 acres of land.
Conservation Easement Area B: +/- 5.36 Acres
Being on a portion of lands recorded in Deed Book 1537, Page 881, Plat Book 30, Page 7 and, Deed
Book 1554, Page 159 of the Chatham County Register of Deeds and being more particularly
described as follows:
Beginning at a point in lands conveyed to M. Darryl Lindley Trustee by Deed Book 1537 at Page
881, Chatham County Registry, said point of beginning located the following eight (8) tie course

and distances from the iron pipe designated as 'I.P.S. "R"' on plat entitled; "Survey for Mark Darryl
Lindley" prepared by Van R. Finch - Land Surveys, recorded in Plat Book 30 at Page 7, Chatham
County Registry;
1. S50°58'26"E 67.35 feet,
2 S55°39'51"E 4.19 feet,
3. 555°32'06"E 18.93 feet,
4. N31°33'20"E 144.13 feet,
5. N44°52'40"E 462.77 feet,
6. N29°22'20"E 676.09 feet,
7. N13°52'53"E 260.15 feet,
8. N13°52'53"E 50.07 feet to the aforesaid POINT OF BEGINNING; proceeding thence through the
said lands of M. Darryl Lindley Trustee the following two (2) courses and distances;
1. N13°52'53"E 260.20 feet and
2. N48°14'23"E 454.91 feet to the common division line between lands of said M. Darryl Lindley
Trustee on the south and lands of the Life Estate of Flora Wright Jordan as described in Deed Book
860 at Page 44 Chatham County Registry to the north, said division line being the center of a
branch; thence along the said common division line and centerline of branch the following thirty
(30) courses and distances;
1. S32°10'28"E 26.82 feet,
2. S59°25'48"E 40.77 feet,
3. S22°59'27"E 32.15 feet,
4. S07°53'20"E 21.84 feet,
5. S06°18'23"W 16.30 feet,
6. S16'52'27"E 51.16 feet,
7. S14°53140"W 19.20 feet, - -- - - -- - -- -- .- ---- - - ___
8. S14°15'32"E 22.72 feet,
9. S14°53'55"W 13.56 feet,
10. S13°13'15"W 12.36 feet,
11. S09°46'13"W 11.11 feet,
12. S38°07'56"E 11.58 feet,
13. S28°35'34"E 23.43 feet,
14. S25°39'57"E 28.28 feet,
15. S23°19'53"E 18.60 feet,
16. S33°04'48"E 27.64 feet,
17. S44°45'07"E 18.43 feet,
18. S36°19'36"E 34.41 feet,
19. S16°38'53"E 51.24 feet,
20. S28°38'14"E 31.87 feet,
21. S64°37'12"E 12.69 feet,
22. S53°34'34"E 32.63 feet,
23. S72°49'58"E 32.00 feet,
24. S15°10'01"E 22.64 feet,
25. S72°41'44"E 19.38 feet,
26. S42°31'05"E 20.03 feet,
27. S31°13'09"E 26.31 feet,
28. S57°33'28"E 25.70 feet,
29. S80°06'54"E 35.95 feet,

30. S54°59'49"E 40.19 feet to the south corner of said Life Estate of Flora Wright Jordan, thence
through the said lands of M. Darryl Lindley Trustee the following sixteen (16) courses and
distances;
1. S35°39'02"E 117.41 feet,
2. S74°48'56"E 321.70 feet,
3. N29°38'34"E 165:64 feet,
4. N67°27'02"E 146.35 feet,
5. S22°32'58"E 115.00 feet,
6. S67°27'02"W 106.97 feet,
7. S29°38'34"W 215.36 feet,
8. N74°48'56"W 379.76 feet,
9. S01°46'55"E 50.12 feet,
10. N78°14'06"W 122.02 feet,
11. N01°46'55"W 59.75 feet,
12. N35°39'02"W 344.29 feet,
13. N19°43'22"W 354.35 feet,
14. S48°14'21"W 345.03 feet,
15. S13°52'53"W 209.58 feet,
16. N73°03'34"W 124.56 feet to the point of beginning.
Containing in all 233,342 square feet or 5.36 acres.
Conservation Easement Area C: +/-2.68 Acres
Being on a portion of lands recorded in Deed Book 1537, Page 881, Plat Book 30, Page 7 and, Deed
Book 1554, Page 159 of the Chatham County Register of Deeds and being more particularly
described as follows:
Beginning at a point in the lands conveyed to M. Darryl Lindley Trustee in Deed Book 1554 at Page
159, Chatham County Registry, said point being located the following nine (9) courses and
distances from an iron pipe designated as 'Control Corner' on plat entitled; "Survey for Triangle
Land Conservancy" prepared by S.D. Puckett & Associates, P.C. dated June 8, 2016 and recorded in
Plat Book 2015 at Page 314, Chatham County Registry;
1. N55°45'50"E 736.58 feet,
2. S87°48'01"W 71.53 feet,
3. N66°11'10"W 65.83 feet,
4. N87°28'52"W 347.04 feet,
S. N72'06'47"W 139.06 feet,
6. N00°19'06"E 201.50 feet,
7. N17°22'32"E 133.30 feet,
8. N44°47'04"W 204.38 feet,
9. N47°09'28"W 50.00 to the said POINT OF BEGINNING; thence proceeding through the said lands
conveyed to M. Darryl Lindley Trustee in Deed Book 1554 at Page 159 and Deed Book 1537 at Page
881, Chatham County Registry, the following eight (8) courses and distances;
1. N28°29'03"W 137.49 feet,
2. N21°21'18"E 557.42 feet,
3. N12°47'54"E 327.93 feet,
4. S78°14'06"E 122.02 feet,
5. S12°47'54"W 339.26 feet,
6. S21°21'18"W 515.39 feet,
7. S47°09'52"E 35.46 feet,

8. S42°50'08"W 136.32 feet to the point of beginning.
Containing in all 116,654 square feet or 2.68 acres.
Conservation Easement Area D: +/-3.80 Acres
Being on a portion of land recorded in Deed Book 1554, Page 159 of the Chatham County Register
of Deeds and being more particularly described as follows:
Beginning at a point in the west bounds of R.E. Wright Road, said point being located N55°45'50"E
736.58 feet from an iron pipe designated as 'Control Corner' on plat entitled; "Survey for Triangle
Land Conservancy" prepared by S.D. Puckett & Associates, P.C. dated June 8, 2016 and recorded in
Plat Book 2015 at Page 314, Chatham County Registry; thence through the lands conveyed to M.
Darryl Lindley Trustee in Deed Book 1554 at Page 159, Chatham County Registry the following
fifteen (15) courses and distances;
1. S87°48'01"W 71.53 feet,
2. N66°11'10"W 65.83 feet,
3. N87°28'52"W 347.04 feet,
4. N72°06'47"W 139.06 feet,
5. N00°19'06"E 201.50 feet,
6. N17°22'32"E 133.30 feet,
7. N44°47'04"W 204.38 feet,
8. N42'50'03"E 136.33 feet,
9. S48°55'23"E 68.63 feet,
10. S46°49'36"E 177.65 feet,
11. S05°25'59"W 306.96 feet,
12. N81°36'05"E 246.46 feet,
13. S68°33'14"E 128.46 feet,
14. S53°50'09"E 82.87 feet,
15. N71°01'23"E 83.09 feet to a point in the aforesaid west bounds of R.E. Wright road, thence
along the said west bounds the following two (2) courses and distances;
1. S14°53'21"W 77.74 feet
2. S14°52'21"W 77.95 feet to the point of beginning.
Said parcel containing 165,492 square feet or 3.80 acres.
Being all of four conservation easement areas containing a total of 16.30 Acre, being the same,
more or less, according to a plat of survey entitled "Conservation Easement for Wildlands
Engineering, Inc., Cane Creek Umbrella Mitigation Bank, Bethel Branch Site, Property of M. Darryl
Lindley, Trustee, USACE Action ID# SAW-2016-02365", as prepared by S. D. Puckett & Associates
P.C., and dated April 16, 2019 and shown on said plat of survey as recorded in Plat Book 2019,
Page 201 of the Chatham County Register of Deeds, to which reference should be made for a more
complete description.