20171605 Ver 1_USACE Executed UMBI_20191107

Strickland, Bev
From:
Sugg, Mickey T CIV USARMY CESAW (USA) < [e-mail] >
Sent:
Thursday, November 7, 2019 2:27 PM
To:
Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; [e-mail];
fritz.rohde; Bowers, Todd; Wilson, Travis W.; Haupt, Mac; Davis, Erin B
Cc:
Jessop, Jordan E CIV USARMY CESAW (USA); Chris Roessler
Subject:
[External] Executed UMBI for the Mid -Cape Fear UMB (Daniels Creek Tract in Harnett
Co.)
Attachments:
Daniels Creek tract (Middle CFUMB).mbi complete.pdf, Daniels Creek -Final UMBI Mid
Cape Fear executed 5Nov2019.pdf, Daniels Creek UMBI Mid Cape Fear Appendix
A.PDF; Patterson Timothy Recorded Easement Daniels Creek.pdf; Daniels Creek
Recorded Plats.pdf, Patterson and Sons Recorded Easement Daniels Creek.pdf;
Declaration of Restrictions for Pond_updated_Oct2019_recorded.pdf;
ExhibitA_DeedRestriction_DanielsCreek_19Aug2019_B&W.PDF; 19-27 COI - Proof of
Insurance - Daniels Creek.pdf
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Attached is our letter & executed UMBI for Wildlands Daniel Creek Mitigation Site. The mitigation is too large but can be
found in RIBITS at this link
https://ribits.usace.army.miI/ribits_apex/f?p=107:278:7441727162535::NO:RP,278:P278_BANK_ID:4770 . If you need
any additional information on this, pls let me know.
-mickey
Mickey Sugg, Chief
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[phone] (direct line)
[phone] (fax)
"The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at:
"http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 "

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
_ WILMINGTON, NORTH CAROLINA 28403-1343
November 5, 2019
Regulatory Division
Action ID. SAW-2017-00998
Wildlands Holdings III, LLC
c/o: Mr. Shawn Wilkerson
312 West Millbrook Road, Suite 225
Raleigh, North Carolina 27609
Dear Mr. Wilkerson:
Enclosed is one copy of the executed Umbrella Mitigation Banking Instrument (UMBI)
establishing the Middle Cape Fear Umbrella Mitigation Bank (Bank), within an
approximately 55-acre tract known as Daniels Creek Mitigation Site. The tract is located
at 78 Patterson Lane, on the east side of Seminole Road, adjacent to Daniels Creek, in
Broadway, Harnett County, North Carolina.
Please be reminded that credits will not be available until Section VII (C)(6), specific
to the verification of Nationwide Permit No. 27, of the MBI has been completed. At this
time, our office has not received confirmation signatures from the Mitigation Bank
Interagency Review Team (IRT) members of U.S. Environmental Protection Agency
(EPA), North Carolina Division of Water Resources (NC DWR), North Carolina Wildlife
Resource Commission (NC WRC), and North Carolina State Historic Preservation
Office (SHPO). Upon receipt of these signatures, they will be immediately forwarded to
your office.
If you have any questions or comments, please contact me at telephone (910) 251-
4811 or mickey.t.sugg anusace.army.mil.
Sincerely,
Mickey Sugg, Chief
Wilmington Regulatory Field Office

AGREEMENT TO ESTABLISH THE MID CAPE FEAR MITIGATION BANK IN CAPE
FEAR RIVER BASIN WITHIN THE STATE OF NORTH CAROLINA
USACE approval of this Instrument constitutes the regulatory approval required for the Mid
Cape Fear Umbrella Mitigation Bank to be used to provide compensatory mitigation for
Department of the Army permits pursuant to 33 C.P.R. 332.8(a)(1). This Instrument is not a
contract between the Sponsor or Property Owner and USACE or any other agency of the federal
government. Any dispute arising under this Instrument will not give rise to any claim by the
Sponsor or Property Owner for monetary damages. This provision is controlling notwithstanding
any other provision or statement in the Instrument to the contrary.
This Umbrella Mitigation Banking Instrument (UMBI) is made and entered into on the
day of ov 5 2019, by Wildlands Holdings IV, LLC, hereinafter Sponsor, and the U.S.
Army Corps of Engineers (Corps), and each of the following agencies, upon its execution of this
UMBI; the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS),
the National Marine Fisheries Service (NMFS), the North Carolina Wildlife Resources
Commission (NCWRC), the State Historic Preservation Office (SHPO) and the North CaoIina
Division of Water Resources (NCDWR). The Corps, together with the State and Federal
agencies that execute this UMBI, are hereinafter collectively referred to as the Interagency
Review Team (IRT).
WHEREAS the purpose of this agreement is to establish an umbrella mitigation bank (Bank)
providing compensatory mitigation for unavoidable wetland and/or stream impacts separately
authorized by Section 404 Clean Water Act permits and /or Section 10 of the Rivers and Harbors
Act permits in appropriate circumstances;
WHEREAS the agencies comprising the IRT agree that the Bank site(s) is/are suitable
mitigation bank site(s), and that implementation of the Mitigation Plan(s) is/are likely to result in
net gains in wetland and/or stream functions at the Bank site(s), and have therefore approved the
Mitigation Plan(s);
THEREFORE, it is mutually agreed among the parties to this agreement that the following
provisions are adopted and will be implemented upon signature of this UMBI.
Section I: General Provisions
A. The Sponsor is responsible for assuring the success of the restoration, enhancement, and
preservation activities at the Bank site, and for the overall operation and management of the
Bank. The Sponsor assumes the legal responsibility for providing the compensatory mitigation
once a permittee secures credits from the Sponsor and the District Engineer (DE) receives
documentation that confirms the Sponsor has accepted responsibility for providing the required
compensatory mitigation.
B. The goals of the Umbrella Bank site is to restore, enhance, create and preserve wetland
and/or stream systems and their functions to compensate in appropriate circumstances for
unavoidable wetland and stream impacts authorized by Section 404 of the Clean Water Act

permits and or Section 10 of the Rivers and Harbors Act permits in circumstances deemed
appropriate by the Corps after consultation, through the permit review process, with members of
the IRT.
C. Use of credits from the Bank to offset wetland and stream impacts authorized by Clean
Water Act permits must be in compliance with the Clean Water Act and implementing
regulations, including but not limited to the 404(b)(1) Guidelines, the National Environmental
Policy Act, and all other applicable Federal and State legislation, rules and regulations. This
agreement has been drafted in accordance with the regulations for Compensatory Mitigation for
Losses of Aquatic Resources effective June 9, 2008 (33 CFR Parts 325 and 332) (Mitigation
Rule).
D. The IRT shall be chaired by the DE of the U.S. Army Corps of Engineers, Wilmington
District (District). The IRT shall review documentation for the establishment of mitigation bank
sites, The IRT will also advise the DE in assessing monitoring reports, recommending remedial
measures, approving credit releases, and approving modifications to this instrument. The IRT's
role and responsibilities are more fully set forth in Sections 332.8 of the Mitigation Rule. The
IRT will work to reach consensus on its actions.
E. The DE, after consultation with the appropriate Federal and State review agencies
through the permit review process, shall make final decisions concerning the amount and type of
compensatory mitigation to be required for unavoidable, permitted wetland and/or stream
impacts, and whether or not the use of credits from the Bank is appropriate to offset those
impacts. In the case of permit applications and compensatory mitigation required solely under
the Section 401 Water Quality Certification rules of North Carolina, the NCDWR will determine
the amount of credits that can be withdrawn from the Bank. Any credits used to offset impacts
solely authorized by Section 401 cannot be used for other impacts authorized under Section 404
of the Clean Water Act or Section 10 of the Rivers and Harbors Act.
F. The parties to this agreement understand that a watershed approach to establish
compensatory mitigation must be used to the extent appropriate and practicable. Where
practicable, in -kind compensatory mitigation is preferred.
Section II: Geographic Service Area
The Geographic Service Area (GSA) is the designated area within which the Umbrella Bank is
authorized to provide compensatory mitigation required by DA permits. The GSA for this Bank
shall include the Cape Fear Watershed Hydrologic Unit (HUC) 03030004 in North Carolina.
Credits are to be used in the same HUC in which they were generated, and credits within each
HUC should be tracked on separate ledgers.

Section III: Mitigation Plan
Any Mitigation Plan submitted pursuant to this agreement must contain the information
listed in 332.4(c) (2) through (14) of the Compensatory Mitigation Rule.
A. The Sponsor will perform work described in each site -specific approved Mitigation Plan.
The mitigation plan for the initial site of this UMBI, Daniels Creek Mitigation Site (near
Broadway in Harnett County), has been reviewed and approved by the IRT and is titled "Final
Mitigation Plan Daniels Creek Mitigation Site" dated August 2019. Additional sites, or
addendums, to this UMBI will also be subject to the review and prior approval of the IRT.
B. The Sponsor shall monitor the Bank Site(s) as described in the approved Mitigation
Plan(s), until such time as the IRT determines that the performance standards described in the
Mitigation Plan(s) have been met.
C. Mitigation Plans submitted for inclusion in this bank must meet the requirements of any
District guidance that is current at the time the new site is submitted to the District, including any
updates made to monitoring requirements, credit releases, long term management, or any other
provisions that are required and/or specifically addressed in the Mitigation Plan. The addition of
any site to this instrument shall be considered as a modification to this instrument and processed
in accordance with the procedures set forth in the Mitigation Rule.
D. The members of the IRT will be allowed reasonable access to the Property for the
purposes of inspection of the Property and compliance monitoring of the Mitigation Plan.
Section IV: ReportinE
A. The Sponsor shall submit to the DE, for distribution to each member of the IRT, an
annual report describing the current condition of the Bank Site(s) and the condition of the Bank
Site(s) in relation to the performance standards in the Mitigation Plan(s). The Sponsor shall
provide to the DE any monitoring reports described in the Mitigation Plan(s).
B. As part of each annual monitoring report, the Sponsor shall also provide Iedger reports
documenting credit transactions as described in Section VIII of this UMBI.
C. Each time an approved credit transaction occurs, the Sponsor shall provide notification to
the DE within 30 days of the transaction. This notification shall consist of a summary of the
transaction and a full ledger report reflecting the changes from the transaction. Additionally,
signed copies of the Compensatory Mitigation Transfer of Responsibility Form shall be
submitted to the Corps Project Manager for the permit and the Corps Bank Manager for the bank
site.

Section V: Remedial Action
A. The DE shall review the monitoring reports, as required in the Mitigation Plan(s), and
may, at any time, after consultation with the Sponsor and the IRT, direct the Sponsor to take
remedial action at the Bank site(s). Remedial actions) required by the DE shall be designed to
achieve the performance standards as specified in the Mitigation Plants). All remedial actions
required under this section shall include a work schedule and monitoring criteria that will take
into account physical and climactic conditions.
B. The Sponsor shall implement any remedial measures required pursuant to the above.
C. In the event the Sponsor determines that remedial action may be necessary to achieve the
required performance standards, it shall provide notice of such proposed remedial action to all
members of the IRT. No remedial actions shall be taken without the concurrence of the DE, in
consultation with the IRT.
Section VI: Use of Mitigation Credits
A. Description of credit classifications and provisions pertaining to the use of those credits
shall be provided in the Mitigation Plants) to be included for each bank. Credit classifications
(e.g., cold water stream, cool water stream, warm water stream, coastal wetlands, non -riparian
wetlands, riparian non-riverine wetlands, and riparian riverine wetlands) will be in accordance
with current District guidance at the time the Mitigation Plan is submitted to the District. In
general, these classifications will be used to determine if a particular credit qualifies as "In -
Kind" mitigation. Exceptions to the use of "In -Kind" mitigation may be allowed at the
discretion of the permitting agencies on a case -by -case basis.
B. Wetland and stream compensation ratios are determined by the DE on a case -by -case
basis based on considerations of functions of the wetlands and/or streams impacted, the severity
of the wetland and/or stream impacts, the relative age of the mitigation site, whether the
compensatory mitigation is in -kind, and the physical proximity of the wetland and/or stream
impacts to the Bank Site,
C. Notwithstanding the above, all decisions concerning the appropriateness of using credits
from the Bank to offset impacts to waters and wetlands, as well as all decisions concerning the
amount and type of such credits to be used to offset wetland and stream impacts authorized by
Department of the Army permits, shall be made by the DE, pursuant to Section 404 of the Clean
Water Act and implementing regulations and guidance. These decisions may include notice to
and consultation with the members of the IRT through the permit review process if the DE
determines this to be appropriate given the scope and nature of the impact.
Section VII: Credit Release Schedule
A. All credit releases must be approved in writing by the DE, following consultation with
the IRT, based on a determination that required performance standards have been achieved.

B. A credit release schedule shall be provided in each site -specific Mitigation Plan that is
included in this bank. The release schedule will list all of the proposed credit releases and any
performance standards associated with those releases.
C. In general, the initial allocation of credits from any site included as part of this bank shall
be available for sale only after the completion of all of the following:
1. Execution of this UMBI by the Sponsor, the DE, and other agencies eligible for
membership in the IRT who choose to execute this agreement, to include the approval of
any modifications to this agreement when new sites are added to it;
2. Approval of a final Mitigation Plan;
3. Confirmation that the mitigation bank site has been secured;
4. Delivery of executed financial assurances as specified in the site -specific Mitigation
Plan;
5. Delivery of a copy of the recorded long-term protection mechanism as described in as
specified in the site -specific Mitigation Plan, as well as a title opinion covering the
property acceptable to the DE; and
6. Issuance of any DA permits necessary for construction of the mitigation site (if
necessary).
The Sponsor must initiate implementation of the approved Mitigation Plan(s) no later than the
first full growing season after the date of the first credit transaction (i.e., construction of the
initial physical and biological improvements proposed in the approved Mitigation Plan(s) must
be started by the end of the first full growing season following the initial sale of any credits from
the Bank. This provision does not apply to preservation -only sites that do not include any
physical or biological improvements. Subject to the Sponsor's continued satisfactory completion
of all required performance standards and monitoring, additional restoration mitigation credits
will be available for sale by the Sponsor as specified in the final Mitigation Plan.
Section VIIL• Accounting Procedures
A. The Sponsor shall develop accounting procedures acceptable to the DE for maintaining
accurate records of debits made from the Bank. Such procedures shall include the generation of
a ledger by the Sponsor showing credits used at the time they are debited from the Bank. All
ledger reports shall identify credits debited and remaining by type of credit and shall include for
each reported debit the Corps ORM ID number for the permit for which the credits were utilized
and the permitted impacts for each resource type.
B. When credits from the bank are sought by a permit applicant, the Sponsor shall prepare a
reservation letter for the applicant to include with the Corps permit application, that documents
the number and type of credits available to be debited from the bank, and the amount of time (if
any) that those credits will be held for that applicant (with an expiration date for the letter of
availability).
C. Each time an approved credit transaction occurs, the Sponsor shall notify the DE within
30 days of the transaction with a summary of the transaction and a full ledger report showing the

changes made. Signed copies of the Transfer of Mitigation Responsibility form shall also be
submitted to the Corps permit Project Manager and the Corps Bank Manager for that bank.
D. The Sponsor shall prepare an annual ledger report, on each anniversary of the date of
execution of this agreement, showing all credits used, any changes in credit availability (e.g.,
additional credits released, credit sales, suspended credits, etc.), and the beginning and ending
balance of remaining credits. The Sponsor shall submit the annual report to the DE, for
distribution to each member of the IRT, until such time as all of the credits have been utilized, or
this agreement is otherwise terminated.
Section IX: Financial Assurances
A. Financial assurances for the Bank site(s) will be detailed in the site -specific Mitigation
Plan(s). The Sponsor shall provide financial assurances in a form acceptable to the DE,
sufficient to assure completion of all mitigation work, required reporting and monitoring, and
any remedial work required pursuant to this UMBI. The financial assurance value should be
based on the cost of doing the mitigation work, including costs for land acquisition, planning and
engineering, legal fees, mobilization, construction, and monitoring. For preservation only Bank
Sites, no financial assurances will generally be required unless there are specific activities
necessary to ensure the successful preservation of resources on the site, in which case
appropriate financial assurances may still be required.
B. All financial assurances shall be made payable to a standby trust or to a third -party
designee, acceptable to the Corps, who agrees to complete the project or provide alternative
mitigation. Financial assurances structured to provide funds to the Corps in the event of default
by the Bank Sponsor are not acceptable.
C. The form and amount of financial assurances must be stated in the site -specific
Mitigation Plan(s) in order for the Mitigation Plan to be approved. This must include the name
of the specific provider of those assurances and the method by,which the financial assurances
will be provided in the event that they must be utilized. Original copies of the financial
assurance documents must be provided to the DE prior to the initial release of credits.
D. A financial assurance must be in the form that ensures that the DE receives notification at
least 120 days in advance of any termination or revocation.
Section X: Site Protection
A. The Sponsor shall grant a Conservation Easement (CE) in form acceptable to the DE,
sufficient to protect the Bank Site(s) in perpetuity. The CE shall be perpetual, preserve all
natural areas, and prohibit all use of the property inconsistent with its use as mitigation property,
including any activity that would materially alter the biological integrity or functional and
educational value of wetlands or streams within the Bank Site, consistent with the Mitigation
Plan. The purpose of the CE will be to assure that future use of the Bank Site will result in the
restoration, protection, maintenance and enhancement of wetland and/or stream functions
described in the Mitigation Plan. The name and contact information for the Corps approved

casement holder and a draft copy of the CE will be provided in the site -specific Mitigation
Plans(s).
B. The Sponsor shall deliver a title opinion acceptable to the DE covering the mitigation
property. The property shall be free and clear of any encumbrances that would conflict with its
use as mitigation, including, but not limited to, any liens that have priority over the recorded CE.
C. Subsequent to the recording of the CE, the Sponsor may convey the Bank Site property
either in fee or by granting an easement to a qualified land trust, state agency, or other
appropriate nonprofit organization approved by the Corps. The Sponsor is responsible for
ensuring that the CE is re -recorded so that it remains within the chain of title. The terms and
conditions of this conveyance shall not conflict with the intent and provisions of the CE nor shall
such conveyance enlarge or modify the uses specified in the easement. The CE must contain a
provision requiring 60 day advance notification to the DE before any action is taken to void or
modify the CE, including transfer of title to, or establishment of any other legal claims over, the
project site.
Section XI: Long-term Management
A. The Sponsor shall implement the long-term management plan as described in the site -
specific Mitigation Plans. Unique Places to Save (UP2Save) will serve as the Grantee and long-
term manager and will be the party responsible for long-term management. UP2Save is a 501(c)3
non-profit located at 500 Westover Drive #8850, Sanford, NC 27330 and can be reached at (910)
707-3622 or [e-mail].
B. The long-term management plan will include a list of annual maintenance, monitoring,
and/or repair activities for each mitigation site, the associated annual cost for each activity, and
the required total amount necessary to provide all future site management. The long-term
management plan should explain how the funds will be managed and provided to the designated
long-term manager (e.g., an endowment managed through a separate account holder). The long-
term management plan should include a contingency section that addresses how the
responsibility and funding for the long-term site management will be passed on to a new
manager in the event that the selected long-term management entity is no longer able to provide
for management of the site.
Section XII: Default and Closure
A. It is agreed to establish and maintain the Bank site(s) until (i) credits have been exhausted
or banking activity is voluntarily terminated with written notice by the Sponsor provided to the
DE and other members of the IRT; and (ii) it has been determined and agreed upon by the DE
and IRT that the debited Bank site has satisfied all the conditions herein and in the Mitigation
Plan. If the DE determines that the Bank site is not meeting performance standards or complying
with the terms of the instrument, appropriate action will be taken. Such actions may include, but
are not limited to, suspending credit sales, adaptive management, decreasing available credits,
utilizing financial assurances, and terminating the instrument.

B. Any delay or failure of Bank Sponsor shall not constitute a default hereunder if and to the
extent that such delay or failure is primarily caused by any act, event or conditions beyond the
Sponsor's reasonable control and significantly adversely affects its ability to perform its
obligations hereunder including: (i) acts of God, lightning, earthquake, fire, landslide, or
interference by third parties; (ii) condemnation or other taking by any governmental body; (iii)
change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation or
enforcement thereof, (iv) any order, judgment, action or determination of any federal, state or
local court, administrative agency or government body; or (v) the suspension or interruption of
any permit, license, consent, authorization or approval. If the performance of the Bank Sponsor
is affected by any such event, Bank Sponsor shall give written notice thereof to the IRT as soon
as is reasonably practicable. If such event occurs before the final availability of all credits for
sale, the Sponsor shall take remedial action to restore the property to its condition prior to such
event, in a manner sufficient to provide adequate mitigation to cover credits that were sold prior
to such delay or failure to compensate for impacts to waters, including wetlands, authorized by
Department of the Army permits. Such remedial action shall be taken by the Sponsor only to the
extent necessary and appropriate, as determined by the IRT.
C. At the end of the monitoring period, upon satisfaction of the performance standards, the
Sponsor may submit a request to the DE for site close out. The DE, in consultation with the IRT,
shall use best efforts to review and comment on the request within 60 days of such submittal. If
the DE determines the Sponsor has achieved the performance standards in accordance with the
mitigation plan and all obligations under this UMBI, the DE shall issue a close out letter to the
Sponsor.
Section XIIL• Miscellaneous
A. Modification of this UMBI shall be in accordance with the procedures set forth in 332.8 of
the mitigation rule.
B. No third party shall be deemed a beneficiary hereof and no one except the signatories
hereof, their successors and assigns, shall be entitled to seek enforcement hereof.
C. This UMBI constitutes the entire agreement between the parties concerning the subject
matter hereof and supersedes all prior agreements or undertakings.
D. In the event any one or more of the provisions contained in this UMBI are held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will
not affect any other provisions hereof, and this UMBI shall be construed as if such invalid,
illegal or unenforceable provision had not been contained herein.
E. This UMBI shall be governed by and construed in accordance with the laws of North
Carolina and the United States as appropriate.
F; This UMBI may be executed by the parties in any combination, in one or more
counterparts, all of which together shall constitute but one and the same instrument.

G. The terms and conditions of this UMBI shall be binding upon and inure to the benefit of
the parties hereto and their respective successors.
H. All notices and required reports shall be sent by regular mail to each of the parties at their
respective addresses, provided below.
Sponsor:
Mr. Shawn D. Wilkerson
Wildlands Holdings IV, LLC
1430 S. Mint St., Suite 104
Charlotte, NC 28203
Corps:
Mr. Mickey Sugg
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
NC IRT Members:
USEPA:
Mr. Todd Bowers
Wetlands Section - Region IV
Water Management Division
U.S. Envirournental Protection Agency
61 Forsyth Street, SW
Atlanta; Georgia 30303
USFWS:
Ms. Kathy Matthews
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
NCWRC:
Mr. Travis Wilson
North Carolina Wildlife Resources Commission
11421-85 Service Rd.
Creedmoor, NC 27522

Ms. Gabriela Garrison
North Carolina Wildlife Resources Commission
1712 Mail Service Center
Raleigh, NC 27699-1721
NCDWR:
Mr. Mac Haupt
Division of Water Resources
North Carolina Department of Environmental Quality
Post Office Box 29535
Raleigh, NC 27626-0535
NCSHPO
State Historic Preservation Office
Ms. Renee Gledhill -Earley
4617 Mail Service Center
109 E. Jones Street
Raleigh, NC 27699-4617
NMFS:
Mr. Fritz Rohde
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
10

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Mid Cape Fear Umbrella Mitigation Bank In Harnett
County, North Carolina":
Sponsor:
Mr. John Hutton
Wildlan oldi gs IV, LLC
By: Date:
U.S. Army Corps of Engineers:
Mr. Scott McLendon, Chi f
Wilmingt n gulatory ivision
By:
Date: �ao\l, 20l9
11

U.S. Fish and Wildlife Service:
Pete Benjamin, Field Supervisor
By:
Date: !u LO 201
13

National Marine Fisheries Service:
Mr. Fritz Rohde
Habitat Conservation Division
By: hU
Date: Iy/ 1 )L
IVA

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Mid Cape Fear Umbrella Mitigation Bank, Cape Fear River
Basin in the state of North Carolina":
U.S. Environmental Protection Agency:
Ms. Rosemary Calli, Chief
Wetlands and Streams Regulatory Section
By: d Ui t � CO,114 Date: /'IOYPtnny vt- z a �}
12

N.C. Division of Water Resources:
Ms. Linda Culpepper, Director
By: Date:
14

N.C. Wildlife Resources Commission:
Mr. David Cox, Technical Guidance Supervisor
Division of Inland Fisheries
By: Date:
15

NC State Historic Preservation Office:
Ms. Renee Gledhill -Earley
By: Date:
16

List of Appendices
Appendix A: Geographic Service Area Map
Appendix B: Daniels Creek Mitigation Plan, dated August 2019, and Appendices 1-10. Also
included is the Recorded Conservation Easement and Survey Plat, Recorded Deed Restriction,
and Final Copy of the Certificate of Liability Insurance.
18

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Pr-tP&Xed by'.
Wildlands Engineeri , c. r
1430 South Mint Streets44604
Charlotte, NC 28203
r
Revenue: $36
For Registration Kimberly S. Hargrove
Register of Deeds
Harnett County, NC
Electronically Recorded
2019 Aug 29 01:28 PM NC Rev Stamp: $ 368.00
Book: 3730 Page: 725 - 742 Fee: $ 38.00
Instrument Number: 2019012377
SPAC!z-gBOVE THIS LINE FOR RECORDER'S USE
PERMANENT,CONSERIVA►TION EASEMENT
THIS CONSERVATION EASEMENT ("Con rv(ation ent") made this
2$ day of AAqu st , 2019 by and brew en T of v C. Patterson,
("Grantor") and Unique Places to Save ("Grantee").
The designation Grantor and Grantee as used herein 5Kall jKc'I.L^ said parties,
their heirs, successors and assigns, and shall include singula 13116a-t cAline, feminine
or neuter as required by context. ',
{
RECITALS k
WHEREAS, Grantor owns in fee simple certain real property situ ed,lji� an
being in Harnett County, North Carolina, more particularly described in E iiVt A aDt chied
hereto and incorporated herein (the "Property'); I`
WHEREAS, Grantee is a charitable, not -for -profit or educational corporate ,
association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Rev '
Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which includer
I
Submitted electronically y Kelly & West Attorneys PA in compliance with North Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Harnett County Register of Deeds.

B3730 - P 726
or rre 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,
�f or open -space use;
i c r:oNcting natural resources;
mining or enhancing air or water quality.
I E E' S, ra r LGrantee recognize the conservation, scenic, natural, or
aesthetic val off�rd r in its natural state, which includes the following natural
communities in almond intermittent streams and riparian buffers. The purpose of
this Conservati n E ent i to maintain streams and riparian resources and other
natural values o a aia
a el 22.951 acres, more or less, and being more particularly
p
described in Exhibi h 1h 11 o nd incorporated fully herein by reference (the
Conservation Mitigs m Area"), and prevent the use or development of the
Conservation Mitigation, Ease'en r for any purpose or in any manner that would
conflict with the mainten� n o i�t al condition.
r
WHEREAS, the restora n,,enhance ent and preservation of the Conservation
Mitigation Easement Area is a cum ioif the app�roval of the Umbrella Mitigation
Banking Instrument (UMBI) for th id Cape Fe r�Mittivtion Bank, entitled "Agreement
to Establish the Mid Cape Fear Mitigation Batik in C e Fear River Basin within the
State of North Carolina" and the Daniel re 11VI�it' ati Plan, Department of the Army
(DA) Action ID Number SAW-2017-0099 to e-rfiad nd entered into by and between
Wildlands Holdings IV, LLC (Wildlands) acting an ponsor and the Wilmington
District Corps of Engineers (Corps), in consultatF
vAtf—i the North Carolina Interagency
Review Team (IRT). The Daniels Creek Mitigati(L e as een approved by the Corps
for use as a mitigation bank to compensate for u e str%m and wetland impacts
authorized by DA permits.
WHEREAS, Grantor and Grantee agree that thir tits enforcement shall
be held by the Corps (to include any successor agencies) ("T ird as" and may be
exercised through the appropriate enforcement agencies o-unite-des and that
these rights are in addition to, and do not limit, the rights of Afc .rent er the
Department of the Army instrument number SAW-2017-00998 (` li ' at B14kKing
Instrument"), or any permit or certification issued by the Third -Par.
NOW, THEREFORE, for and in consideration of the covenants anc r pr entati s
contained herein and for other good and valuable consideration, the receipts I �
g JJ
sufficiency of which is hereby acknowledged, Grantor hereby unconditionalky
irrevocablyrants and conveys unto Grantee, its heirs, successors and assigns, r% and
g Y �
in perpetuity a Conservation Easement of the nature and character and to the e tern
hereinafter set forth, over the Conservation Mitigation Easement Area described orb

B3730 - P 727
' it B, together with the right to preserve and protect the conservation values thereof,
ARTICLE I. DURATION OF EASEMENT
i �C n Easement shall be perpetual. This Conservation Easement is an
eas' ent ' doss, ith the land and is enforceable by Grantee against Grantor,
Grantor'sATersgmi rese natives, heirs, successors and assigns, lessees, agents and
licensee,,, L
z
} ARTICLE II.
1RO�I.IBITED AND RESTRICTED ACTIVITIES
An activity �n u Jlf,,t�,apnservation Miti ation Easement Area inconsistent
Y Y g
with the purpose of t n rv4eon Easement is prohibited. The Conservation
Mitigation Easement AraosoAe-ljp_re rved in its natural condition and restricted from
o).fl any development that wimpCr i terfere with the conservation values of the
Conservation Mitigation Eas m r rAre
Without limiting the gen it he foregoes, the following activities and uses
are expressly prohibited, restricteUr reserved s ind Nted hereunder:
A. Disturbance of Natural Feat es. y c ng disturbance, alteration or
impairment of the natural features of th o re vat Mitigation Easement Area or any
introduction of non-native plants and/or annal-ses is rohibited.
B. Construction. There shall be no con truLirfg o placing of any building, mobile
home, asphalt or concrete pavement, billboard & a vertis gdisplay,_antenna,
utility pole, tower, conduit, line, pier, landing, dock or n ttkmporary or permanent
structure or facility on or above the Conservation Miti at�h r Ea t Area.
C. Industrial, Commercial and Residential Use. Ind "str intial and/or
commercial activities, including any rights of passage for suC urposcse prohibited on
the Conservation Mitigation Easement Area.
D. Agricultural, Grazing and Horticultural Use. Agricultural, raz ni al
husbandry, and horticultural use of the Conservation Mitigation Easee rea are
prohibited.
E. Vegetation. There shall be no removal, burning, destruction, hai;m- , c1'if
or mowing of trees, shrubs, or other vegetation in the Conservation Mitigations en
Area except as provided in the Mitigation Plan and Bank Parcel Development PI '
Mowing of invasive and herbaceous vegetation for purposes of enhancing plante

B3730 - P 728
ov IwTfeer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once a
r no more than five consecutive years from the date on page I of this Conservation
se t, except where mowing will negatively impact vegetation or disturb soils.
tong ctivities shall only be performed by Wildlands Holdings IV, LLC and shall not
io a rt of Item L of Article II.
f
III
i F. rails. There shall be no construction of roads, trails or walkways on
the' onser tin M' ' ion Easement Area; nor enlargement or modification to existing
roads, t }ajKor wal,10,ars.
�L
G. na . sa��shall be permitted on or over the Conservation Mitigation
Easement Ar , e,e6pt, lW6 posting of no trespassing signs, signs identifying the
conservation v uesf e Co servation Mitigation Easement Area, signs giving directions
or proscribing ru es nd rejig lat on f the use of the Conservation Mitigation Easement
Area and/or signs i n ' ng enor as owner of the Conservation Mitigation
Easement Area.
H. Dumping or 6 ge. pi g or s orage of soil, trash, ashes, garbage, waste,
abandoned vehicles, applia ear i�chi ry�or h zardous substances, or toxic or
hazardous waste, or any place
rentf oriderround or aboveground storage tanks or
other materials on the Conservati t tion Ease ment Area is prohibited.
I. Excavation, Dredging or Mineral-L se. T e s all be no grading, filling,
excavation, dredging, mining or drilling; or ovf t soil, sand, gravel, rock, peat,
minerals or other materials, and no Chan iKh to - graphy of the land in any manner
on the Conservation Mitigation Easement A`rear to -restore natural topography or
drainage patterns. For purposes of restoring an en46— in streams and wetlands within
the Conservation Mitigation Easement Area, Wi lla6deis owed to perform grading,
filling, and excavation associated with stream and-AwAj6d--r-e�sto tion and enhancement
activities as described in the Mitigation Plan and auth riz�by Delpartment of the Army
Nationwide Permit 27.
J. Water Quality and Drainage Pattern. There shall le i draining,
dredging, channeling, filling, leveling, pumping, impounding elated a0 ties, or
altering or tampering with water control structures or devices,+�6'pt' n o alteration
of the restored, enhanced, or created drainage patterns. h additv in causing
or permitting the diversion of surface or underground water into, w in oo t o the
easement area by any means, removal of wetlands, polluting or disc h r ' tef ers,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited
I /
K. Development Rights. No development rights that have been em e �
extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement o�
otherwise.
i

B3730 - P 729
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
"oto les, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for
rorry or occasional access by Wildlands, the Grantee, its employees and agents,
UCrcpe ssigns, NCDWR, and the Corps for purposes of constructing, maintaining
cfnprl
r the restoration, enhancement and preservation of streams, wetlands
and in the Conservation Mitigation Easement Area.
1Vj 0 ibi'b'ons. Any other use of, or activity on, the Conservation
Mitigatib,n,dsepnt A ich is or may become inconsistent with the purposes of this
grant, the p s rrvati� of be�Conservation Mitigation Easement Area substantially in its
natural con rn"rnr thy --protection of its environmental systems, is prohibited.
r ARTICLE III
G TT R'S RESEVED RIGHTS
The Grantor exprssl�tse ves or himself, his personal representatives, heirs,
successors or assigns, their i t to c�nin a th use of the Conservation Mitigation
Easement Area for all purpo�f inc s. sfe�ith this Conservation Easement,
including, but not limited to, tle r t tq ienjoyment of the Conservation Mitigation
Easement Area, the rights of inga egress, the i ht to hunt, fish, and hike on the
��
Conservation Mitigation Easement rea, the riW to s4 , transfer, gift or otherwise convey
the Conservation Mitigation Easement Arep,Ilin wtW or'n part, provided such sale,
transfer or gift conveyance is subject to a m s a shall specifically reference, this
Conservation Easement. -
Notwithstanding the foregoing Restrictio s„aor reserves for Grantor its
successors and assigns, including Wildlands Holcngs-f /tom, L acting as Bank Sponsor, the
right to construct and perform activities related tb the r foratio-Ii, enhancement, and
preservation of streams and riparian areas within the orKery Jo Mitigation Easement
Area in accordance with the approved Mid Cape Fear m la Wli ig ion Bank — Daniels
Creek Site Mitigation Plan, and the Mitigation Banking Instrur ent 4esuibed in the
Recitals of this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserr">
for an r, its
successors and assigns, the following rights in the areas labeled a ,p6al C ing" on
the plat [Plat Book 49 019 Page Number 9 g_ 4 in on vAot
Easement Area:
Internal Crossing: vehicular access, livestock access, irrigation pipinglan�
piping of livestock waste is allowed. Crossings that allow livestock a ess P�
be bounded by fencing and will be over a culvert. The internal crossing m
be used for the construction, installation, maintenance, operation, repair
replacement and use of underground pipes and other utilities, including
i

B3730 - P 730
water, gas, electric, phone and cable utilities, pipes, services and all necessary
rappurtenances.
ARTICLE IV. GRANTEE'S RIGHTS
i �Gr is authorized representatives, successors and assigns, the Corps
and CDW all h�he right to enter the Property and Conservation Mitigation
Easement,reaatF'rso able times for the purpose of inspecting the Conservation
Mitigati serpAt A o%determine if the Grantor, or his personal representatives,
heirs, succe drys, g► complying with the terms, conditions, restrictions, and
purposes of hit Csery6tion Easement. The Grantee, Wildlands, and its authorized
representative succle ors a assigns, the Corps and NCDWR shall also have the right
to enter and go upo t Co s rvatip� Mitigation Easement Area for purposes of making
scientific or educati n se art,��nd studies, and taking samples. The easement
rights granted herein tknclu.0ie public access rights.
RTICVEV
El F RCE I REMEDIES
A. To accomplish the pu ohs of this Ea!e► ent, Grantee, the Corps, and
NCDWR are allowed to prevent anr7 activity onpeuse othe Conservation Mitigation
Easement Area that is inconsistent with thurp a of his Easement and to require the
restoration of such areas or features of ie C��fiser r do Mitigation Easement Area that
may be damaged by such activity or use. ypori anyk'each of the terms of this
Conservation Easement by Grantor that com�e atte ion of the Grantee, the
Grantee shall notify the Grantor in writing of su b ac . T e Grantor shall have 30 days
after receipt of such notice to correct the conditions -cons 't g such breach. If the
breach remains uncured after 30 days, the Grante�mra 6nfor�ce his Conservation
Easement by appropriate legal proceedings including a�e, in unctive and other
relief. Notwithstanding the foregoing, the Grantee re ry s he�diate right, without
notice, to obtain a temporary restraining order, injunctive orb eppgpriate relief if
the breach of the terms of this Conservation Easement is or wodeyasibly or
otherwise materially impair the benefits to be derived from t ' Ci�p4rva iron Easement.
The Grantor and Grantee acknowledge that under such circumsa{ esa ag to the
Grantee would be irreparable and remedies at law will be inadeq� y#e rig and
remedies of the Grantee provided hereunder shall be in addition to, anon-o li u of, all
other rights and remedies available to Grantee in connection with thi ts.',e
Easement. The costs of a breach, correction or restoration, including thdtee'
expenses, court costs, and attorneys' fees, shall be paid by Grantor, providgd r`;'n b i
determined to be responsible for the breach. The Corps and the NCDWR shalQz
same rights and privileges as the said Grantee to enforce the terms and condition of
Conservation easement.

B3730 - P 731
B. No failure on the part of the Grantee to enforce any covenant or provision
� ie shall discharge or invalidate such covenant or any other covenant, condition, or
�provi hereof or affect the right to Grantee to enforce the same in the event of a
�sibqu nt breach or default.
4.thing contained in this Conservation Easement shall be construed to
entitl i any action against Grantor for any injury or change in the
Co ervat' rh Mitig Easement Area resulting from causes beyond the Grantor's
control, iud'hou imitation, fire, flood, storm, war, acts of God or third parties,
except(; r� �esseE%'b,�'ftyitees; or from any prudent action taken in good faith by
Grantor un r e�Rerrg tc >ditions to prevent, abate, or mitigate significant injury to
life, damage t-6proer-Wor harm to the Conservation Mitigation Easement Area resulting
from such caus s
ARTICLE VI
MISCELLANEOUS
A. Warranty. Gran or raits,l cov nts and represents that it owns the
Property in fee simple, and a 6 -anjcr Ae/r e vns all interests in the Property which
may be impaired by the granti r nervation Easement or that there are no
outstanding mortgages, tax liens, nc "brances, "her interests in the Property which
have not been expressly subordinahed to this CenservAon Easement. Grantor further
warrants that Grantee shall have the use of}an all the benefits derived from and
arising out of this Conservation Easeme t, and thoGr for will warrant and defend title
to the Property against the claims of all persons._ _
B. Subsequent Transfers. The Grantor grkes, i orporate the terms of this
Conservation Easement in any deed or other leg nst e�i�fht transfers any interest in
all or a portion of the Conservation Mitigation Easeme a. Th(j Grantor agrees to
provide written notice of such transfer at least sixty ( %)(kay,5 p V r the date of the
transfer. The Grantor and Grantee agree that the termfNs Cstrver
ation Easement
shall survive any merger of the fee and easement interests i th oation Mitigation
m
Easement Area or any portion thereof and shall not be ae ded; mo i i" r terminated
without the prior written consent and approval of the Corps.{
L
C. Assignment. The parties recognize and agree that the f/e !it�af his
Conservation Easement are in gross and assignable provided, howev�Ah e rantee
hereby covenants and agrees, that in the event it transfers or assigns t s C. rvatio
Easement, the organization receiving the interest will be a qualified holder ur I a�t to 3
CFR 332.7 (a)(1), under N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 17 lo*
Internal Revenue Code, and the Grantee further covenants and agrees that the s d the
transfer or assignment will be such that the transferee or assignee will be requird
continue in perpetuity the conservation purposes described in this document. }

B3730 - P 732
�� r D. Entire Agreement and Severability. The combined Mitigation Banking
tnstrents: MBI with corresponding Mitigation Plan, and MBI with corresponding BPDP,
rfd'his onservation Easement set forth the entire agreements of the parties with
spy e Conservation Easement and supersedes all prior discussions, negotiations,
f
d sta in or agreements relating to the Conservation Easement. If any provision is
fo ncloo v id o nforceable by a court of competent jurisdiction, the remainder
s h a I Conti�egful�e and effect.
I ili Aion nershi . Grantor is responsible for any real estate taxes,
assessments feesr& levied upon the Property. Grantor shall keep the Property
free of any Is ofh}encumbrances for obligations incurred by Grantor except those
incurred after t�d ereo which are expressly subject and subordinate to the
Conservation Ea e Snr nt a shad not be responsible for any costs or liability of any
kind related to the e, ti n, insurance, upkeep, or maintenance of the
Property, except as ,y¢r?yded herein. Nothing herein shall relieve the Grantor of
the obligation to complysthd a , tate or local laws, regulations and permits that
may apply to the exercise\ens e v Rights.
r
F. Long -Term Managerrntito�k operations will be maintained on the property,
Grantor is responsible for all long-t r an ement actiy��ties associated with fencing to ensure
livestock do not have access to the P tted Propert !ih6 e activities include the maintenance
and/or replacement offence structures, as deemed nec sad by the Grantee, to ensure the
aquatic resource functions within the bound es ot'he P ote ted Property are sustained.
n
G. Extinguishment. In the event 6t cha cditions render impossible the
continued use of the Conservation Mitigation Ea me r a for the conservation
purposes, this Conservation Easement may only ejexu' hed, in whole or in part, by
judicial proceeding. L-
H. Eminent Domain. Whenever all or part of he Cons r awn Mitigation
Easement Area is taken in the exercise of eminent dom n so3as suJ tantially abrogate
the Restrictions imposed by this Conservation Easement, Gr o n ntee shall join in
appropriate actions at the time of such taking to recover th ful�lu taking, and
all incidental and direct damages due to the taking. {
I. Proceeds. This Conservation Easement constitutes a rea(�r pt int rest
immediately vested in Grantee. In the event that all or a portion of th'er ery ion
Mitigation Easement Area is sold, exchanged, or involuntarily converte fo ling an
extinguishment or the exercise of eminent domain, Grantee shall be entitle theair/
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

B3730 - P 733
re fired under this Conservation Easement shall be sent by registered or certified mail,
e prepaid, to the following addresses (or such address as may be hereafter
�pe by notice pursuant to this paragraph):
-f
rantor:
T' oVay,
Patterson
i 7 i on Lane
ro�C 7505-9333
o nt
iqu lap s/�'av4
PO ox83
Chapelyi1 2Z5 4-1183
To S onso :'
Wildlands Akol s I ,,ILM
1430 S. Mint t, Suiterf04
Charlotte, NC 2820
Attention: Shawn 0 "ilkn
Fax: [phone] r
To the Corps: 4
US Army Corps of Enginee
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403 _
K. Failure of Grantee. If at any time Gra tele inn le or fails to enforce this
Conservation Easement, or if Grantee ceases to a �f gr ntee, and if within a
reasonable period of time after the occurrence of one f t evgnts Grantee fails to
make an assignment pursuant to this Conservation Ea e e t, nie Grantee's interest
shall become vested in another qualified grantee in acc darrcth appropriate
proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may bemen4 d, b my in a
writing signed by all parties hereto, and provided such amendme d �t fect the
qualification of this Conservation Easement or the status of the GrVn e u-d�r a y
applicable laws, and is consistent with the conservation purposes ofZ I t.
� e
M. Present Condition of the Conservation Mitigation Easement Ar . Ce
wetlands, scenic, resource, environmental, and other natural characteristic-- o
Conservation Mitigation Easement Area, and its current use and state of impr @16
are described in Section 4 of the Mitigation Plan, prepared by Grantor and ackn wl g
by the Grantor and Grantee to be complete and accurate as of the date hereof. BotX
i

B3730 - P 734
Gr or and Grantee have copies of this report. It will be used by the parties to assure
y future changes in the use of the Conservation Mitigation Easement Area will be
L—,-tons6ta t with the terms of this Conservation Easement. However, this report is not
� de to preclude the use of other evidence to establish the present condition of the
� w, Mitigation Easement Area if there is a controversy over its use.
f
TO - HAVE TO the said rights and easements perpetually unto Grantee for the
aforesaid Kuurpqse'.5�-
J SLY
L V
y J
Jj
x
IN TESTIMONY WHEREOhra for as hereunto set his hand and seal, the day
and year first above writt�fi
r
By: ("I" _
Timothy C. Patterson , L
Date:
Il
NORTH CAROLINA
—
COUNTY OF -G�t
I, r'�CA4 a Notary Public in anq fort" Comity and State
afores id, do hereby certify that 11.r,e7�JLu t✓• P��.�, rotor, personally
appeared before me this day and acknowledged the execution oft t egfng in trument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal thi t1he�
day of �iuoit- , 20/9.
`titi ti4 d fii
H4sng�lsston ExPtiteS=

B3730 - P 735
�IPV TESMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day
}L a J� r first above written.
~U 1 Places to Save
�f
By (SEAL)
Title
NORTH CARIIA�
}
COUNTY OF
aforesaid, do hereby
and acknowledged that heYs is
profit corporation, and that he s ,
a Notary Public in and for the County and State
w �gfersonoaflly appeared before me this day
_'_Unique Places to Save, a non-
ng authorized to do so,
executed the foregoing on behaf U10Pla'to Save.
IN WITNESS HEREOF, I have hereu�t;,76e-��myhandndotary Seal this the
i
day of 20«
Notary Public
My commission expires:

B3730 - P 736
EXHIBITA
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B3730 - P 737
EXHIBIT B
A Conservation Easement for
Wildlands Engineering, Inc
"Daniels Creek Mitigation Bank Site"
Property of: Timothy C. Patterson
Des ri , n f nserva ' n Easement for Wildlands Engineering, Inc. on the property of
Timot♦� erson n r formerly, see Deed Book 1779, Page 185), located in the Upper
Little Rive To s , I�arnet County, North Carolina. (All references to the Harnett County
Register o e ds t]nl ss t W` noted.)
PIN: 9681-96 9- 2 z ton)
Easement Area "A-1"
Beginning at a 5/8' r a hjsfiA�common property line of Timothy C. Patterson (now
or formerly, see Deed k 77 , Pa�&e}185) and Patterson & Sons, Inc. c/o Tim Patterson (now or
formerly, see Deed Book 88Pag-69$-7-,-I'A�ap Book 20, Page 6), said rebar being located N
00°40'55" E a distance of 5W S ite Control Point #1 (5/8" rebar w/plastic cap) having
NC Grid Coordinates [NAD83( 1 = 674. Sft, E=1,990,481.65 USft;
thence with said common line �ZQ�S"�F,s�e of 186.94' to a rebar with plastic cap set;
thence leaving said common line
through the Timothy C. Patterson property S
28°34'43" E a distance of 232.42' to �(reWwith plastic,6� set;
thence S 17°47'33" E a distance of 22563' to a rebwith plastic cap set;
thence S 49°45'46" E a distance of 339.85' to a mbar wifh plas is cap set;
thence S 39°03'34" W a distance of 147.16' o a r far pl stic cap set;
thence N 52°35'16" W a distance of 182.61' t�a br wit plastic cap set;
thence N 37°04'44" W a distance of 220.59' to pla is cap set;
thence N 25°41'00" W a distance of 374.83' to a reba wi�#�'p sti cap set;
thence S 37°07'21" W a distance of 252.62' to a reb r withgrasti cap set;
thence N 18°25'21" W a distance of 159.85' to a rebar with ffca et;
thence N 26°38'03" E a distance of 268.46' to the point of (ne
in . containing 3.759 acres more
or less, and shown as Easement Area "A-1" on a plat by Tu LanSu *veying, PLLC (P-0702) of
Swannanoa, NC, titled "Conservation Easement Plat for WindsTneerg, Inc., Daniels Creek
Mitigation Bank Site" dated May 21, 2019 and recorded in Plat Bop�t�c/C net D N , Page/Slide
of the Harnett County Register of Deeds.
Easement Area "A-4" /
Beginning at a 5/8" rebar with cap set in the common property line of rr fh . Pa on (now
or formerly, see Deed Book 1779, Page 185) and Patterson & Sons, Inc. (n orrerl see Deed
Book 1032, Page 201, Plat Cabinet #D, Slide 11B), said rebar being located 3° 15'E stance
of 1,491.24' from GPS Site Control Point #1 (5/8" rebar w/plastic cap) having C i oor in tes
[NAD83(2011)] N=616,474.94 USft, E=1,990,481.65 USft;
thence with said common line S 14°02'49" W a distance of 159.77' to a rebar withlv1I cape ,
thence leaving said common line and continuing through the Timothy C. Patterson r fq
05°15'24" E a distance of 156.43' to a rebar with plastic cap set; Y

B3730 - P 738
en 88°10'46" E a distance of 24.46' to the point of Beginning; containing 0.044 acres more or
1 9nd shown as Easement Area "A-4" on a plat by Turner Land Surveying, PLLC (P-0702) of
`'-- SW5nr ioa, NC, titled "Conservation Easement Plat for Wildlands Engineering, Inc., Daniels Creek
M* ' tionn Bank Site" dated May 21, 2019 and recorded in Plat Book/Cabinet QOIL7, Page/Slide
the Harnett County Register of Deeds.
�asere�jrrt--X-6)ea)A-V
Beglinnfiag a`t aXI2"-re a ith cap set in the common property line of Timothy C. Patterson (now
or fo er (4e�Dee 1779, Page 185) and Timothy C. Patterson (now or formerly, see Deed
Book 160g id re ar being located S 57°39'53" E a distance of 1,418.78' from GPS Site
Control P 1 �,5f$" re � plastic cap) having NC Grid Coordinates [NAD83(2011)]
N=616,474.9 Sft,,E U USft;
thence leavin,rsidmptfline and continuing through the Timothy C. Patterson property N
05°16'18" E a dis ancedfi3�"o a rebar with plastic cap set;
thence S 88°39'58 mist o 146.02' to a rebar with plastic cap set in the common line of
Timothy C. Patterson (anLB);
t s n ones , Inc. (now or formerly, see Deed Book 1032, Page 201,
Plat Cabinet #D, Slide �
thence with said common lire 51°f249W a distance of 51.05' to a calculated point in the
common line of Timothy C.`TaJ:i5 son sand -mothy C. Patterson (now or formerly, see Deed Book
1608, Page 366); { thence with said common line( 8Qa�d 29'� ist ce of 140.45' to the point of Beginning;
containing 0.190 acres more or le s, tiow Easement Area "A-5" on a plat by Turner Land
Surveying, PLLC (P-0702) of Swannrs, N tled Cons rvation Easement Plat for Wildlands
Engineering, Inc., Daniels Creek Mitigation Bank Site ate)\May 21, 2019 and recorded in Plat
Book/Cabinetd OI q , Page/Slide o"g! of the kfarnn07
y Register of Deeds.
Easement Area "C-1" -
Beginning at a 5/8" rebar with cap set in the c mT,Grid
ertgline of Timothy C. Patterson (now
or formerly, see Deed Book 1779, Page 185) and Tiatt rson (now or formerly, see Deed
Book 1608, Page 366), said rebar being located S 0a stance of 873.73' from GPS Site
Control Point #1 (5/8" rebar w/plastic cap) having pCor NAD83(2011)]
N=616,474.94 USft, E=1,990,481.65 USft;
thence with said common line S 84°04'16" W a distance of 3 .34' t existing motor grader
blade also beingthe northwest corner of Timothy C. Patte on n w o or erly, see Deed Book
1608, Page 366), also being the northeast corner of Ronnie T. Paged Ju�y age (now or formerly,
see Deed Book 774, Page 906) and in the common line of Patter n midge;
thence with said common line S 83'14'25" W a distance of 225.8a 24' ine' r`e�e, also being the
northwest corner of Ronnie T. Page & Judy Page, also being the nortas eorn on] mes Warren
Badgett (now or formerly, see Deed Book 2576, Page 767) and in the ciie o tterson,
Page, and Badgett;
thence with said common line S 82'19'23" W a distance of 408.23' to a reb�r4it pals c cap set;
thence leaving said common line and continuing through the Timothy C. Patt rsory erty
07°40'37" W a distance of 14.92' to a rebar with plastic cap set;
thence N 74°52'27" W a distance of 151.21' to a rebar with plastic cap set;
thence N 22°41'27" W a distance of 232.20' to a rebar with plastic cap set;
thence N 39°59'30" E a distance of 113.64' to a rebar with plastic cap set;
thence S 45°45'49" E a distance of 267.06' to a rebar with plastic cap set;
thence N 84'43'40" E a distance of 171.17' to a rebar with plastic cap set;
I

B3730 - P 739
the e N 16*36'02" E a distance of 275.55' to a rebar with plastic cap set;
� epee N 86°12'42" E a distance of 85.34' to a rebar with plastic cap set;
Yienc 3-35'21" E a distance of 119.97' to a rebar with plastic cap set;
� rnr S °22'39" E a distance of 158.17' to a rebar with plastic cap set;
�nce,S 8 '04109" E a distance of 381.92' to a rebar with plastic cap set;
oV20*14 4" E a distance of 134.56' to the point of Beginning; containing 6.272 acres more
d o n as Easement Area "C-1" on a plat by Turner Land Surveying, PLLC (P-0702) of
Swa,nna N it ed "C servation Easement Plat for Wildlands Engineering, Inc., Daniels Creek
Mitia Site" Nay 21, 2019 and recorded in Plat Book/Cabinet a oiq , Page/Slide
Q g ` of a rn Countyegister of Deeds.
z
}
r
Il

B3730 - P 740
bes iption for Conservation Easement for Wildlands Engineering, Inc. on the property of
LJfm^yC. Patterson (now or formerly, see Deed Book 1608, Page 366), located in the Upper
,,Wile Rivqr Township, Harnett County, North Carolina. (All references to the Harnett County
Regis er of Deeds unless otherwise noted.)
\ �
�P 91-25- 156 Patterson
Eas m Ar
-6„
Begin /8 r r cap set in the common property line of Timothy C. Patterson (now
or formell , s Book 10p8, Page 366) and Timothy C. Patterson (now or formerly, see Deed
Book 177A'85) aari aY being located S 57 39'53" E a distance of 1,418.78' from GPS Site
Control PoiV1 ( $" Oair ('plastic cap) having NC Grid Coordinates [NAD83(2011)]
N=616,474.94,bSft,1, ,481.65 USft;
thence with said mv�ine N W18'29" E a distance of 140.45' to a calculated point;
thence N 82°15'1E di nc o 317.0-! ' to a rebar with plastic cap set;
thence leaving said c m li n�.rRan �n� uing through the Timothy C. Patterson property S
03°30'46" E a distance 1 4'7 -to a4tbar with plastic cap set;
thence S 36°12'49" W a distance 2to a rebar with plastic cap set;
thence S 73°39'22" W a disNtxerrF-i0�4' o a rebar with plastic cap set;
thence N 06°26'00" W a dista e §"6 o a x r with plastic cap set;
thence N 67°39'57" W a distan �01 th c int of Beginning; containing 1.615 acres more
or less, and shown as Easement A 2 o
plat by Turner Land Surveying, PLLC (P-0702) of
Swannanoa, NC, titled "Conservatio asgrnent Plat for,Wlt dlands Engineering, Inc., Daniels Creek
Mitigation Bank Site" dated May 21, 2'019 and recofded in Plat Book/Cabinet Q6I9 , Page/Slide
o� of the Harnett County Register of Deeo. 11
Easement Area "A-7" -
Beginning at a 5/8" rebar with cap set in the cop perty tine of Timothy C. Patterson (now
or formerly, see Deed Book 1608, Page 366) and Pat rsqr(& ion , Inc. (now or formerly, see Deed
Book 1032, Page 201, Plat Cabinet #D, Slide 11B), sai rd� a4ei g located S 71°09'37" E a distance
of 2,052.45' from GPS Site Control Point #1 (5/8" rebawlpla c cap) uing NC Grid Coordinates
[NAD83(2011)] N=616,474.94 USft, E=1,990,481.65 USft;(�
thence with said common line N 82°15'16" E a distance of 4.6 o a awith plastic cap set;
thence leaving said common line and continuing through th Timo h ,ZPatberson property S
03°27'42" W a distance of 32.08' to a rebar with plastic cap set;
thence S 81°00'57" W a distance of 33.92' to a rebar with plastic ap s"I
thence N 45°01'51" W a distance of 40.47' to the point of Beginning on�ain �O6 acres more
or less, and shown as Easement Area "A-7" on a plat by Turner Land Stir yingLC -0702) of
Swannanoa, NC, titled "Conservation Easement Plat for Wildlands Enginp<ng nc., Is Creek
Mitig tion Bank Site" dated May 21, 2019 and recorded in Plat Book/Cabin et� Pa e/Slide
a o of the Harnett County Register of Deeds.
Easement Area "A-8" I
Beginning at a calculated point in the northern property line of Timothy C. Patters (n vop/�
formerly, see Deed Book 1608, Page 366), also being the southwest corner of Patters ns,
Inc. (now or formerly, see Deed Book 3568, Page 316, Plat Cabinet 1, Slide 266), also be' g
southeast corner of Patterson & Sons, Inc. (now or formerly, see Deed Book 1032, Page 2 1�PTat}

B3730 - P 741
bi#D, Slide 11B), said point being located S 77°02'31" E a distance of 2,598.15' from GPS Site
n Point #1 (5/8" rebar w/plastic cap) having NC Grid Coordinates [NAD83(2011)]
L — _N-=6�1�6,-4-�4.94 USft, E=1,990,481.65 USft;
� t ►ern-- le ing said common line and continuing through the Timothy C. Patterson property S
�14n ' W a distance of 76.64' to a rebar with plastic cap set;
then c'I
5" W a distance of 35.07' to a rebar with plastic cap set;
thence5" W a distance of 26.00'to a rebar with plastic cap set;
thAce0411-�a di ance of 649.81' to a rebar with plastic cap set;
then�4 6�0" �tance of 376.86' to a rebar with plastic cap set;
thence N�3'4I'� `bsta ce of 56.73' to a rebar with plastic cap set;
thence N W4 C0 ' E a di a of 290.77' to a rebar with plastic cap set;
thence N 22° 70� dis�a Hof 261.27' to a rebar with plastic cap set;
thence N 61°3I5"tea dunce of 199.61' to a rebar with plastic cap set;
thence N 06°51' anc of 297.23' to a rebar with plastic cap set;
thence N 12°132 Edist�fi55.94r to a rebar with plastic cap set;
thence N 12°13'20" E a clstanc . 0' a rebar with plastic cap set in the common line of
Timothy C. Patterson d Pa 'h &ons, Inc. (now or formerly, see Deed Book 1032, Page 201,
Plat Cabinet #D, Slide 11B);
thence with said common I`r�ld1,6" a distance of 174.11' to the point of Beginning;
containing 4.209 acres more o les n 6 n aement Area "A-8" on a plat by Turner Land
Surveying, PLLC (P-0702) of Sw n ra, ided "ebnservation Easement Plat for Wildlands
Engineering, Inc., Daniels Creek IVti i Ba {Site" dated May 21, 2019 and recorded in Plat
Book/Cabinetad) q , Page/Slide he Harnetunty Register of Deeds.
Easement Area "B"�
Beginning at a 5/8" rebar with cap set in th coon p per y line of Timothy C. Patterson (now
or formerly, see Deed Book 1608, Page 366) d Pat erso- _Sons, Inc. (now or formerly, see Deed
Book 3568, Page 316, Plat Cabinet 1, Slide 266), aid a ei located S 78°21'42" E a distance
of 2,780.40' from GPS Site Control Point #1 (5/8" reb wtic ap) having NC Grid Coordinates
[NAD83(2011)] N=616,474.94 USft, E=1,990,481.65 SfU�_
thence with said common line N 83°31'33" E a distan of 1ebar with plastic cap set;
thence leaving said common line and continuing through th Ti C1 Patterson property S
48°09'26" E a distance of 34.07' to a rebar with plastic cap et;
thence S 45°24'29" E a distance of 42.20' to a rebar with pl tic ca se ;
thence S 45°24'29" E a distance of 109.18' to a rebar with plastic cad sew
thence S 54°55'00" E a distance of 64.08' to a rebar with plastic c p s t-
thence S 54°55'00" E a distance of 60.00' to a rebar with plastic ca t;J
thence S 42°53'47" E a distance of 152.82' to a rebar with plastic cap &el -
thence S 80°29'44" E a distance of 254.03' to a rebar with plastic cap se
thence S 11°00'53" W a distance of 375.68' to a rebar with plastic cap set;
thence N 53°34'56" W a distance of 299.05' to a rebar with plastic cap set;
thence N 14°02'47" W a distance of 156.75' to a rebar with plastic cap set;
thence N 44°04'09" W a distance of 87.03' to a rebar with plastic cap set;
thence N 44°04'09" W a distance of 60.00' to a rebar with plastic cap
thence S 04°30'00" W a distance of 286.99' to a rebar with plastic cap set;
thence S 05°22'37" W a distance of 375.90' to a rebar with plastic cap set;
thence N 86°40'18" W a distance of 227.89' to a rebar with plastic cap set; }
thence N 37°40'45" E a distance of 246.95' to a rebar with plastic cap set;
I

B3730 - P 742
thence N 07°29'04" W a distance of 299.10' to a rebar with plastic cap set;
enN 01°59'31" E a distance of 279.19' to a rebar with plastic cap set;
L—enc 47°28'23" W a distance of 61.68' to a rebar with plastic cap set;
��ne N 7°28'23" W a distance of 42.23' to a rebar with plastic cap set;
\h6nce 47°28'23" W a distance of 107.74' to the point of Beginning; containing 6.096 acres more
ogles ,, and shLwn Easement Area "B" on a plat by Turner Land Surveying, PLLC (P-0702) of
Swann oa d "Conservation Easement Plat for Wildlands Engineering, Inc., Daniels Creek
Miilj a�a dat d May 21, 2019 and recorded in Plat Book/Cabinet a��q ,Page/Slide
a g am t Register of Deeds.
}
Easemenkrea
Beginning at/e ap set in the common property line of Timothy C. Patterson (now
or formerly, s6.e'be,&d'Bo1608, Page 366) and Timothy C. Patterson (now or formerly, see Deed
Book 1779, Page,85 reba being located S 05°15'52" E a distance of 873.73' from GPS Site
Control Point #1 (U/8"eb pl stic ca having NC Grid Coordinates [NAD83(2011)]
N=616,474.94 USft, E6mon
5 t.thence leaving said coin4 �0" E a distance of 138.45' to a rebar with plastic cap set;
thence S 56°39'21" W a distance `r73- '' to a rebar with plastic cap set;
thence N 32°42'12" W a di`ska P, # 9.,07 to a rebar with plastic cap set;
thence S 50°26'04" W a distan e °�8 5'o a r r with plastic cap set in the common line of
Timothy C. Patterson and Dani S 1 cleod a Pa la B. Mcleod (now or formerly, see Deed
Book 892, Page 828);
thence with said common line N 46 'S/ a distancef.,26.12' to an existing 1" iron pipe in the
common line, also being the north cor`<er of DanielMcleo� & Pamela B. Mcleod (now or
formerly, see Deed Book 892, Page 828), also being the•'n rth ast corner of Ronnie T. Page & Judy
Page (now or formerly, see Deed Book 774,age")ain he common line of Patterson, Page,
and Mcleod; -
thence with said common line N 46°55'54" W\ ista 82.91' to an existing motor grader
blade in the common line of Timothy C. Patterson an Timetl�y C Patterson (now or formerly, see
Deed Book 1779, Page 185), also being the north co nerlof nn'e T. Page & Judy Page (now or
formerly, see Deed Book 774, Page 906); L-
thence with said common line N 84'04'16" E a distance o� f 3 3 th point of Beginning;
containing 0.774 acres more or less, and shown as Easeme t ea "2' a plat by Turner Land
Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conser tionasentlat for Wildlands
Engineering, Inc., Daniels Creek Mitigation Bank Site" dated Ma`y2,1!20War ecorded in Plat
Book/Cabinet aolq, Page/Slideag4 of the Harnett County t
is er fDe ls.
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B3730 - P 743
HARN 0UNTYTAXID#
0 29-Y1i;YS
}
RECORDING RE B)T:
AND WHEN RECOR ED AI
Pr•t p av,e d 6 -
Wildlands Engineering, nc.
J
1430 South Mint Street, S�Ite04-
Charlotte, NC 28203
r
Revenue: $531.0
PERMANENT
For Registration Kimberly S. Hargrove
Register of Deeds
Harnett County, NC
Electronically Recorded
2019 Aug 29 01:28 PM NC Rev Stamp: $ 531.00
Book: 3730 Page: 743 - 758 Fee: $ 30.00
Instrument Number: 2019012378
SPACE INVE THIS LINE FOR RECORDER'S USE
TUON JEASEMENT
THIS CONSERVATION EASEMENT ("Conser tionsrrrr") made this
�$ day of 4keIAs-r , 2019 by and betwe P t�l o�� and Sons Inc, ("Grantor')
and Unique Places to Save ("Grantee").
The designation Grantor and Grantee as used herein s I iflucjs [d parties, their
heirs, successors and assigns, and shall include singular, plural, ma lip inine or neuter
as required by context. {
RECITALS %
WHEREAS, Grantor owns in fee simple certain real property situat d, ly�iti nd b ng in
Harnett County, North Carolina, more particularly described in Exhibit A att ciIed jie'r�e b)nd
incorporated herein (the "Property"); I f
*J,
WHEREAS, Grantee is a charitable, not -for -profit or educational corporatio
association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenu� fie,
Submitted electronically by Kelly & West Attornevs PA in compliance with North Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Harnett County Register of Deeds.

B3730 - P 744
Land Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of
rp`gses (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
i -s ce use;
(cprot g natural resources;
(�t n ng,pr enhancing air or water quality.
�L
WHERES, ,�,rantf aldrantee recognize the conservation, scenic, natural, or aesthetic
value of the pr&p� gein it"atural state, which includes the following natural communities:
perennial and intair t strea s and riparian buffers. The purpose of this Conservation
Easement is to mainta n ea s nd r�i.gra,,rian resources and other natural values of
approximately 33.149 ac m dPI and being more particularly described in Exhibit B
attached hereto and inc at-ed fury herein by reference (the "Conservation Mitigation
Easement Area"), and prevntffie�us, or evelopment of the Conservation Mitigation
Easement Area for any purpos irn ji m nne that would conflict with the maintenance of
its natural condition. r
WHEREAS, the restoration, ertfiar.e6ment and preservation of the Conservation
Mitigation Easement Area is a conditVn of the ap oval 6i the Mitigation Banking Instrument
(MBI) for the Mid Cape Fear Mitigation Bank,ntitled gr ement to Establish the Mid Cape
Fear Mitigation Bank in the Cape Fear River Ban wi in t e State of North Carolina" and the
Daniels Creek Mitigation Plan, Department gthe rm (EDA) Action ID NumberSAW-2017-
00998, to be made and entered into by and 6`1t"�
zWlTiildla s Holdings IV, LLC (Wildlands)
acting as the Bank Sponsor and the Wilmington Di rict C�ops of Engineers (Corps), in
consultation with the North Carolina Interagency Iev�T m IRT). The Daniels Creek
Mitigation Site has been approved by the Corps for 0-3sifmiti a ' n bank to compensate for
unavoidable stream and wetland impacts authorized by A err its
WHEREAS, Grantor and Grantee agree that third -pa ty-ri� tsrrcement shall be
held by the Corps (to include any successor agencies) ("Third rtiCs" , ancnay be exercised
through the appropriate enforcement agencies of the United S s pelt t � ese rights are in
addition to, and do not limit, the rights of enforcement under the se rtt o the Army
instrument number SAW-2017-00998 ("Mitigation Banking Instrum nt j" ', any mit or
certification issued by the Third -Parties.
NOW, THEREFORE, for and in consideration of the covenants and r nta7 s
contained herein and for other good and valuable consideration, the receipt alnd a
sufficiency of which is hereby acknowledged, Grantor hereby unconditionally And—F
grants and conveys unto Grantee, its heirs, successors and assigns, forever and in pe etu* a
Conservation Easement of the nature and character and to the extent hereinafter tMIC
rt ,
over the Conservation Mitigation Easement Area described on Exhibit B, together wit gh6
i

B3730 - P 745
Lprese and protect the conservation values thereof, as follows:
ARTICLE I.
pp DURATION OF EASEMENT
<'_ hi ns rvation Easement shall be perpetual. This Conservation Easement is an
easeme t i ro s ith the land and is enforceable by Grantee against Grantor, Grantor's
perso Ire stati eirs, successors and assigns, lessees, agents and licensees.
p�^ARTICLE II.
44�1131TED AND RESTRICTED ACTIVITIES
p �}
Any activi o use of; he Conservation Mitigation Easement Area inconsistent with
the purpose of this Co se ati n asernt is prohibited. The Conservation Mitigation
Easement Area shall b p ry d 4f''t atural condition and restricted from any development
that would impair or int With the conservation values of the Conservation Mitigation
Easement Area. s
Without limiting the ge el y of)efore ling, the following activities and uses are
reicexpressly prohibited, restricted oe ated hereunder:
A. Disturbance of Natural eqfures. Anyc-Kange disturbance, alteration or
impairment of the natural features of the Copserv;:i6n Mit gation Easement Area or any
introduction of non-native plants and/or a pimspis rohibited.
B. Construction. There shall be no cortrg or ppl cing of any building, mobile
home, asphalt or concrete pavement, billboard or th& aoder ising display,_antenna, utility
pole, tower, conduit, line, pier, landing, dock or ank otiTer t ary or permanent structure
or facility on or above the Conservation Mitigation EaserTI-erit Area.
C. Industrial Commercial and Residential Use. I dutl�'al, ntial and/or
commercial activities, including any rights of passage for suchpiprohibited on the
Conservation Mitigation Easement Area.
D. Agricultural, Grazing and Horticultural Use. Agriculturlw zing; nl al husbandry,
and horticultural use of the Conservation Mitigation Easement Area rye-prrofiibit
E. Vegetation. There shall be no removal, burning, destruction, in or
mowing of trees, shrubs, or other vegetation in the Conservation Mitigatioa me r a
except as provided in the Mitigation Plan and Bank Parcel Development Plan. I n of /
invasive and herbaceous vegetation for purposes of enhancing planted or volu�v ee �
shrubs approved in the Mitigation Plan and BPDP is allowable once a year for nomoZ6�e,/`
ha ve
consecutive years from the date on page 1 of this Conservation Easement, except p �
mowing will negatively impact vegetation or disturb soils. Mowing activities shall only
I p

B3730 - P 746
�erfor�ied by Wildlands Holdings IV, LLC and shall not violate any part of Item L of Article II.
Roads and Trails. There shall be no construction of roads, trails or walkways on the
arrs atfi n Mitigation Easement Area; nor enlargement or modification to existing roads,
t�7 �- s.
i I =posting
ns shall be permitted on or over the Conservation Mitigation
Ease nt A xcof no trespassing signs, signs identifying the conservation
values of th.e�ons"m_) igation Easement Area, signs giving directions or proscribing
rules and r atirfor Se of the Conservation Mitigation Easement Area and/or signs
identifying thRGrar�t�rr 6 r of the Conservation Mitigation Easement Area.
H. Dum n og ra e? umping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, a pl' nc ac�ry or hazardous substances, or toxic or hazardous
waste, or any placem nt n ror8glor aboveground storage tanks or other materials on
the Conservation Mitiga ' a5ement Area is prohibited.
e 11
I. Excavation Dreclkirykor Min' ral Use. here shall be no grading, filling, excavation,
dredging, mining or drilling; no re W. t soil and, gravel, rock, peat, minerals or other
materials, and no change in the tc o� y o lie land in any manner on the Conservation
Mitigation Easement Area, except est. e natural tography or drainage patterns. For
purposes of restoring and enhancing dreams and fetlank within the Conservation Mitigation
Easement Area, Wildlands is allowed to perfgPm gr dFin , fi ing, and excavation associated with
stream and wetland restoration and enha ce nt a rviti s as described in the Mitigation Plan
and authorized by Department of the Army'Nat on iw d ermit 27.
J. Water Quality and Drainage Pattern. Thre b no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding kr rela ed c ties, or altering or tampering
with water control structures or devices, or disruptioi o erat ion mf the restored, enhanced,
or created drainage patterns. In addition, diverting or ca si orer fitting the diversion of
surface or underground water into, within or out of the seinnt any means, removal
of wetlands, polluting or discharging into waters, springs, seeps,.,,Or w� s, or use of pesticide
or biocides isprohibited.
K. Development Rights. No development rights that have-b n e mb red or
extinguished by this Conservation Easement shall be transferred pur .4A a tr ferable
development rights scheme or cluster development arrangement or of ier e
L. Vehicles. The operation of mechanized vehicles, including, but nit
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited otherlthn f
temporary or occasional access by Wildlands, the Grantee, its employees an ags�
successors, assigns, NCDWR, and the Corps for purposes of constructing, maintai grd
monitoring the restoration, enhancement and preservation of streams, wetlandd
riparian areas within the Conservation Mitigation Easement Area.

B3730 - P 747
Other Prohibitions. Any other use of, or activity on, the Conservation Mitigation
sennt rea which is or may become inconsistent with the purposes of this grant, the
, ,at n of the Conservation Mitigation Easement Area substantially in its natural
ditio protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The antp,r ex re s erves for himself, his personal representatives, heirs,
Z I
successors or si <, tlWri'ot-to continue the use of the Conservation Mitigation Easement
Area for all puros not.irfconsistent with this Conservation Easement, including, but not
limited to, the rigirl'e-t�enj( ment of the Conservation Mitigation Easement Area, the
rights of ingress and a re5;, ri ht to-�unt, fish, and hike on the Conservation Mitigation
Easement Area, the ri htell,�rf'gift or otherwise convey the Conservation Mitigation
Easement Area, in whol dart,,provided such sale, transfer or gift conveyance is subject to
the terms of, and shall speific#ty re re fie, this Conservation Easement.
Notwithstanding the foK g R riefio s-,Grantor reserves for Grantor its successors
and assigns, including Wildlands of sIV„l acting as Bank Sponsor, the right to construct
and perform activities related to th est ration, enh,4ai;pment, and preservation of streams
and riparian areas within the Conservtion Mitign Eas'.ment Area in accordance with the
approved Mid Cape Fear Umbrella Mitigatioi.$an -'b niCreek Site Mitigation Plan, and the
Mitigation Banking Instrument described itheReci a s oftis Conservation Easement.
Notwithstanding the foregoing Restricttibrrs antor r erves for Grantor, its successors
and assigns, the following rights in the areas label a In er al Crossing" on the plat [Plat
Book of 0 Page Number a $� ] in he`Con n Easement Area:
Internal Crossing: vehicular access, livestock acce s, riga`or piping and piping of
livestock waste is allowed. Crossings that allow li stoc'Ic ac s ill be bounded by
fencing and will be over a culvert. The internal crossing may X u>q forth e
construction, installation, maintenance, operation, rep ir, ace t and use of
underground pipes and other utilities, including water, g , el,��r , pl�e and cable
utilities, pipes, services and all necessary appurtenances.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, t C r s Ad
NCDWR, shall have the right to enter the Property and Conservation Mitigation as yr Ark
at all reasonable times for the purpose of inspecting the Conservation Mitigation Ea meet-ll
Area to determine if the Grantor, or his personal representatives, heirs, successors, asns }
is complying with the terms, conditions, restrictions, and purposes of this Conservatio<.

B3730 - P 748
�ase ntnt. The Grantee, Wildlands, and its authorized representatives, successors and
� l he Corps and NCDWR shall also have the right to enter and go upon the Conservation
�gio�ir asement Area for purposes of making scientific or educational observations and
ar taking samples. The easement rights granted herein do not include public access
f
ARTICLE V
ENFORCEMENT AND REMEDIES
}
A. o ace mplis t rposes of this Easement, Grantee, the Corps, and NCDWR are
allowed to pr1�egt nyfaet Ylon or use of the Conservation Mitigation Easement Area that is
inconsistent withtt e p=ion
of this Easement and to require the restoration of such areas or
features of the Co`W---i) ation Easement Area thatmay be damaged by such activity or
use. Upon any breac of e t r s off"i`is Conservation Easement by Grantor that comes to the
attention of the Grant e, Gr rp ,all notify the Grantor in writing of such breach. The
Grantor shall have 30 da of :cam f such notice to correct the conditions constituting
such breach. If the breach (E n1A1ps,,ur\SurN after 30 days, the Grantee may enforce this
Conservation Easement by ap op ate I}eg I pr edings including damages, injunctive and
r
other relief. Notwithstanding e egQ+n lr� antee reserves the immediate right, without
notice, to obtain a temporary res ni orC e , injunctive or other appropriate relief if the
breach of the terms of this Consery ion asement is
,,of irreversibly or otherwise
materially impair the benefits to be derived fromAhis Con rvation Easement. The Grantor and
Grantee acknowledge that under such circurt nacedma a to the Grantee would be
irreparable and remedies at law will be inegateie ri hts and remedies of the Grantee
provided hereunder shall be in addition to, acid not in jitu of, all other rights and remedies
available to Grantee in connection with this C r1ry ion Eas ment. The costs of a breach,
correction or restoration, including the Grantee's p� se , c urt costs, and attorneys' fees,
shall be paid by Grantor, provided Grantor is deter ined to onsible for the breach. The
Corps and the NCDWR shall have the same rights and p it v g,e said Grantee to enforce
the terms and conditions of this Conservation easement.
B. No failure on the part of the Grantee to enforce an ,-tioveo nt provision hereof
shall discharge or invalidate such covenant or any other coven nt,f�arsditUo r provision
hereof or affect the right to Grantee to enforce the same in the ensubquent breach
or default.
C. Nothing contained in this Conservation Easement shall be�or}sfr d entitle
Grantee to bring any action against Grantor for any injury or change in th on io
Mitigation Easement Area resulting from causes beyond the Grantor's cont iclu in ,
without limitation, fire, flood, storm, war, acts of God or third parties, except (bract r s 19s
or invitees; or from any prudent action taken in good faith by Grantor under eRIergiJ
conditions to prevent, abate, or mitigate significant injury to life, damage to proper orfr*ri�h
to the Conservation Mitigation Easement Area resulting from such causes.}'�

B3730 - P 749
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in
f si , an hat Grantor either owns all interests in the Property which may be impaired by
th �t' f t is Conservation Easement or that there are no outstanding mortgages, tax
liens,'.en�r=th'
or her interests in the Property which have not been expressly
subornafrtion Easement. Grantor further warrants that Grantee shall have
the use of. d o mall he benefits derived from and arising out of this Conservation
Easement, d tl a G qj�r v h�warrant and defend title to the Property against the claims of
all persons.
}
B. Subse erx(Tr er The Grantor agrees to incorporate the terms of this
Easeme �in:,VWEe#,O-
Conservation ot er legal instrument that transfers any interest in all
or a portion of the Conoar -Mitigation Easement Area. The Grantor agrees to provide
written notice of such transfer a eaers-kty (60) days prior to the date of the transfer. The
Grantor and Grantee agreeLfas fthis Conservation Easement shall survive any
merger of the fee and easeme t i t restsi t nservation Mitigation Easement Area or
any portion thereof and shall noayededfodified or terminated without the prior
written consent and approval of t rps,
C. Assignment. The parties recognizeand e t at the benefits of this Conservation
Easement are in gross and assignable proved, iwev r t t the Grantee hereby covenants
and agrees, that in the event it transfers or\assi�xiss C nservation Easement, the
organization receiving the interest will be a q lifi er--pursuant to 33 CFR 332.7 (a)(1),
under N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)( a ejd 17 (h) of the Internal Revenue Code,
and the Grantee further covenants and agrees tha thb�m of the transfer or assignment will
be such that the transferee or assignee will be requir-pd to- tinu in perpetuity the
conservation purposes described in this document.
D. Entire Agreement and Severability. The combi ed_M i ati Banking Instruments:
MBI with corresponding Mitigation Plan, and MBI with corres nd' l - and this
Conservation Easement set forth the entire agreements of then arties vciflI/r6pect to the
Conservation Easement and supersedes all prior discussions, neg*-Za i s, un6erstandings or
agreements relating to the Conservation Easement. If any provision s f n o void or
unenforceable by a court of competent jurisdiction, the remainder sh
and effect. u in ull force
� �
E. Obligations of Ownership. Grantor is responsible for any real estatlt eQ
assessments, fees, or charges levied upon the Property. Grantor shall keep theSP rty�fr gfany liens or other encumbrances for obligations incurred by Grantor except thos red
the date hereof which are expressly subject and subordinate to the Conservation E se� Y
Grantee shall not be responsible for any costs or liability of any kind related to the owp-6rshW,
i

B3730 - P 750
per on, insurance, upkeep, or maintenance of the Property, except as expressly provided
W othing herein shall relieve the Grantor of the obligation to comply with federal, state
1-01 70c a , regulations and permits that may apply to the exercise of the Reserved Rights.
G�L—tan -Term Mang ement. If livestock operations will be maintained on the property,
o�,�is r ns le for all long-term management activities associated with fencing to ensure
livestock o t h to the Protected Property. These activities include the maintenance and/or
replac' ment o e e sties, as deemed necessary by the Grantee, to ensure the aquatic resource
functions w}tlpWth"9 i >le�,ofthe Protected Property are sustained.
L
G. xti uis ehe event that changed conditions render impossible the
continued use f lie s�rv'ation Mitigation Easement Area for the conservation purposes,
this Conservation EaseXma only be extinguished, in whole or in part, by judicial
proceeding. � r
H. Eminent D Laii�Ih6n er all or part of the Conservation Mitigation Easement
Area is taken in the exercisV f eWine-n-rdomain so as to substantially abrogate the
Restrictions imposed by this\Co er ' nasement, Grantor and Grantee shall join in
appropriate actions at the tim o s�irrh to n�,R over the full value of the taking, and all
incidental and direct damages d to re Tcin,g
L
I. Proceeds. This Conservatiern Easemen no stitytes a real property interest
immediately vested in Grantee. In the event tbd allarpotion of the Conservation Mitigation
Easement Area is sold, exchanged, or involntail rco ert d following an extinguishment or
the exercise of eminent domain, Grantee sh' l be- ntitl to the fair market value of this
Conservation Easement as determined at the h afe_ ext guishment or condemnation.
J. Notification. Any notice, request for aproal or her communication required
under this Conservation Easement shall be sent by' .red or c ified mail, postage
prepaid, to the following addresses (or such address as ae e4afterspecified by notice
pursuant to this paragraph): /
To Grantor:
Patterson and Sons, Inc. J
Attn: Timothy C. Patterson{
78 Tim Patterson Lane
Broadway, NC 27505-9333
To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
To Sponsor:
Wildlands Holdings IV, LLC
i

B3730 - P 751
1430 S.
Mint Street, Suite 104
Charlotte, NC 28203
J ention: Shawn D. Wilkerson
Fa : 704-332-3306
�fTo e r s:
i S m Cor f Engineers
i m' on Di ri t Regulatory Division
Mj,ngfon�NC
j L
}
K. Failur�of G � at any time Grantee is unable or fails to enforce this
Conservation Ease erg; or ra tee ceases to be a qualified grantee, and if within a
reasonable period ofim aftr t e u ence of one of these events Grantee fails to make an
assignment pursuant t this onrvkion Easement, then the Grantee's interest shall become
vested in another qualified gang p-ordance with an appropriate proceeding in a court of
competent jurisdiction. s—,
r �
L. Amendment. This SIB'
i Ea wn nt may be amended, but only in a writing
signed by all parties hereto, and p1�o� cl yF a endment does not affect the qualification of
L
this Conservation Easement or the s of the Gra eender any applicable laws, and is
consistent with the conservation purposes of t grar
M. Present Condition of the Consevatibpvliti ion Easement Area. The wetlands,
scenic, resource, environmental, and other n raFatLp�--6eaqrn
ctmstics of the Conservation
Mitigation Easement Area, and its current use and rovement, are described in
Section 4 of the Mitigation Plan, prepared by Granc owledged by the Grantor and
Grantee to be complete and accurate as of the date' oth ntor and Grantee have
copies of this report. It will be used by the parties to ass e t at nyjfuture changes in the use
of the Conservation Mitigation Easement Area will be co si t;�IiA e terms of this
Conservation Easement. However, this report is not inten d4d,,p�`ec� the use of other
evidence to establish the present condition of the Conservatio ' Mrigion-asement Area if
there is a controversy over its use. Y J
TO HAVE AND TO HOLD the said rights and easements perpetually unt ar,"for he
aforesaid purposes.

B3730 - P 752
TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
jfipst aWc e written.
B
f
of'ry Ctt san, President
I
Date:
}
Z Z >
}
NORTH CAROLIN'
COUNTYOF
I, 14r; in and for the County and State aforesaid,
do her by certify that Timoth att s , G�itor, personally appeared before me this day
and acknowledged that he is Pre ' e of tterson and Sons, Inc., and that he, as President,
being authorized to do so, executed 1h Yoregoing o ehalf of the corporation.
IN AIITNESS WHEREOF, I have hereunto set y ha rd a)n N tary Seal this the a d - day of
20/9 . _
Notary ublic ?4;r 5
��t%pegs
a�0Q�� Dnyi
My commission expires:
Y J
I

B3730 - P 753
I STI NY WHEREOF, the Grantee has hereunto set his hand and seal, the day and
yea above written.
L�—
,Uni lac s to Save
n
By:
Tith
NORTH CAROLI►
COUNTY OF
I, V [
aforesaid, do hereby certify,tQt
acknowledged that he/she is
corporation, and that he/she,
(SEAL)
a Notary Public in and for the County and State
< 4: Sie�ersonally appeared before me this day and
rt of Unique Places to Save, a non-profit
&Ct 4 7& , ing authorized to do so, executed the
foregoing on behalf of Unique Plac to�avie
ti
IN MCI
SS WHEREOF, I have hereun efmy han NQ ary Seal this the
ofLi 20L9 \
�INEIF��ii
Notary Public`s
My commission expires:
��
ARC, "c—_
day

B3730 - P 754
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B3730 - P 755
EXHIBIT B
A Conservation Easement for
Wildlands Engineering, Inc
f "Daniels Creek Mitigation Bank Site
Property of. Patterson and Sons, Inc
I
Descri on fo ose�ry asement for Wildlands Engineering, Inc. on the property of
Patterson & S{or s, Ipc,.e,(cT6 Ptterson (now or formerly, see Deed Book 881, Page 987, Map
Book 20, Pa}e , loved in per Little River Township, Harnett County, North Carolina.
(All references t the H �a�ty Register of Deeds unless otherwise noted.)
PIN:9691-07-7381 atteso}—
Easement Area "A-2"
Beginning at an existing " pen ago u
Sons, Inc. (now or formerly, ee ed
eastern property line of Barrys�. Pat
the southwest property corner ofua
20),said iron rod being located N 61
(5/8" rebar w/plastic cap) having Nz�
E=1,990,481.65 US ft;
rod located at the northwest property corner of Patterson &
881, Page 987, Map Book 20, Page 6), also being on the
,o or formerly, see Deed Book 2267, Page 184), also being
}Do glasteal. (now or formerly, see Deed Book 768, Page
V *an of 1,639.78' from GPS Site Control Point #1
?a [NAD83(2011)] N=616,474.94 US ft,
thence with the Patterson & Sons, Inc. al fuanita B. Do x fas . al. common line, S 70'34'01" E a
distance of 47.36' to a rebar with plastic cap set;
thence S 70'34'01" E a distance of 32.42' to a r ar , pla tic p set;
thence S 70'34'01" E a distance of 503.55' to aebar witlas ' cap set;
thence leaving said common line and continuing'ttroughjLtoatt rson & Sons, Inc. property S 19'25'59"
W a distance of 24.31' to a rebar with plastic cap set`
thence S 39'48'09" E a distance of 443.05' to a rebar with asti ca set;
thence N 84*40'43" E a distance of 254.95' to a rebar w h p2stic t,
thence N 82'58'19" E a distance of 324.02' to a rebar wit!distlane-of
cap set the common line of
Patterson & Sons, Inc. and Patterson & Sons, Inc. (now o,see De6d Book 1032, Page 201, Plat
Cabinet #D, Slide 11B);
thence continuing with said common line S 70'38'07" E a-p 6' alculated point;
thence S 70'38'07" E a distance of 73.00' to a calculated point;
thence S 70'38'07" E a distance of 125.06' to a rebar with plastic ca set
thence leaving said common line and continuing through the Pattersor�&,SdnXInc. pia erty S 77'46'34"
W a distance of 102.93' to a rebar with plastic cap set;
thence S 77'46'34" W a distance of 60.09' to a rebar with plastic cap set;
thence S 71'56'50" W a distance of 292.74' to a rebar with plastic cap set;
thence S 85'58'00" W a distance of 101.72' to a rebar with plastic cap set;
thence N 72'52'21" W a distance of 160.44' to a rebar with plastic cap set;
thence S 83'09'55" W a distance of 127.60' to a rebar with plastic cap set;
thence S 40'43'30" W a distance of 93.19' to a rebar with plastic cap set;
1 �
thence S 40'43'30" W a distance of 60.19' to a rebar with plastic cap set;
thence S 27'10'24" W a distance of 114.50' to a rebar with plastic cap set;
I

B3730 - P 756
ctSenc37°05'31" W a distance of 177.44' to a rebar with plastic cap set in the common line of
P ers6 & Sons, Inc. c/o Tim Patterson and Timothy C. Patterson (now or formerly, see Deed Book
1�y, Pa 85);
�hdriEeith aid common line N 70°33'55" W a distance of 186.94' to a rebar with plastic cap set;
rite lea i said common line and continuing through the Patterson & Sons, Inc. c/o Tim Patterson
p rf 26°38 3" E a distance of 108.77' to a rebar with plastic cap set;
thenc °2 i28' E a distance of 262.96' to a rebar with plastic cap set;
thence�N418 �� dist ce of 60.01 to a rebar with plastic cap set;
thence �41" W a� e of 208.59' to a rebar with plastic cap set;
thence S 5�27"-.jffl
i` di an f 119.28' to a rebar with plastic cap set;
thence N a dist ne 6�59.01 to a rebar with plastic cap set;
thence N 64°01' 1" ='Of 125.47' to a rebar with plastic cap set;
thence N 38°25', ' e of 134.04' to a rebar with plastic cap set;
thence N 82°04'01"� nce o 97.38' to a rebar with plastic cap set;
thence N 86°42'25" a list ce f 83.67ca rebar with plastic cap set in the common line of
Patterson & Sons, Inc. c o - Pa sqR d atterson & Sons, Inc. (now or formerly, see Deed Book
3391, Page 536);�
thence with said common Iine-,d19 f25'59"E-,,a distance of 114.75' to a rebar with plastic cap set in the
common line of Patterson & S�r1rc-�knap
$a J. Patterson (now or formerly, see Deed Book 2267,
Page 184); thence with said common line N 1 ° n of 79.18' to a rebar with plastic cap set;
thence N 19°25'S9" E a distance of 1oint of Beginning; containing 9.795 acres more or
less, and shown as Easement Area "A-2y TurnyKt. nd Surveying, PLLC (P-0702) of
Swannanoa, NC, titled "Conservation East�ment Plat f9AVildlAds Engineering, Inc., Daniels Creek
Mitigation Bank Site" dated May 21, 2019 and re5a LK'P at B ok/Cabinet ao(q , Page/Slide
of the Harnett County Register of Deeds.
PIN: 9691-26-4869 (Patterson)
I
Easement Area "A-3" `-
Beginning at an existing 1" iron pipe located at the north wZt p pe co�LLner of Patterson & Sons, Inc.
(now or formerly, see Deed Book 1032, Page 201, Plat Cabine #D, Slid 11k), also being the southwest
corner of Jean B. Thomas & Mark C. Thomas (now or formerly seed oc 281, Page 108), said iron
rod being located N 29°24'38" E a distance of 1,939.01' from GP Site ntr ojnt #1 (5/8" rebar
w/plastic cap) having NC Grid Coordinates [NAD83(2011)] N=616,47%.94(CW, r 13)990,481.65 USft;
thence with the Patterson & Sons, Inc. and Jean B. Thomas & Markomas�ebT/rfi�n line, S 74°08'27"
E a distance of 404.55' to a rebar with plastic cap set; {" --,
thence leaving said common line and continuing through the Patterson &,o s ro erty S 17°22'05"
E a distance of 247.27' to a rebar with plastic cap set;
thence S 15°51'56" E a distance of 35.02' to a rebar with plastic cap set; c
thence S 31°02'18" E a distance of 123.20' to a rebar with plastic cap set; c c
thence S 78°06'22" E a distance of 253.09' to a rebar with plastic cap set;
thence N 82°14'05" E a distance of 323.54' to a rebar with plastic cap set;
thence N 41°16'26" E a distance of 265.91' to a rebar with plastic cap set;*�
thence N 50°32'27" E a distance of 206.01' to a rebar with plastic cap set in the common fin
Patterson & Sons, Inc. and R W D Properties LTD P'P & W C D Properties LTD P'P (now or f rrWly Zee
Deed Book 1334, Page 0465); }
I c

B3730 - P 757
�e c ith said common line S 74°29'17" E a distance of 143.81' to a rebar with plastic cap set;
t 6elkving said common line and continuing through the Patterson & Sons, Inc. property S 28°28'39"
W4 dist of 164.26' to a rebar with plastic cap set;
th e�}19° 2'02" E a distance of 479.20' to a rebar with plastic cap set;
ce SrkD!23
CO.,E a distance of 284.67' to a rebar with plastic cap set;
th r 1W a distance of 155.90' to a rebar with plastic cap set;
thencNW a tance of 249.49' to a rebar with plastic cap set;
thence�SW a dist ce of 116.26' to a rebar with plastic cap set;
thence 5%0923 r W a i c�of 60.00' to a rebar with plastic cap set;
thence S 09}� 6'�0 " distance' f 116.46' to a rebar with plastic cap set;
thence S 13e '03 a d to c �92.34' to a rebar with plastic cap set;
thence S 18°27' '4" V4a cl anfci'df 247.19' to a rebar with plastic cap set;
thence S 36°41'O'E istaKe of 214.27' to a rebar with plastic cap set in the common line of
Patterson & Sons, I n.�tterso'm & Sons, Inc. (now or formerly, see Deed Book 3568, Page 316, Plat
Cabinet 1, Slide 266);
thence with said commL li 1 8 W a distance of 420.26' to a calculated point in the common
line of Patterson & Sons, a �ifhotW C. Patterson (now or formerly, see Deed Book 1608, Page
366); J
thence with said common Iine'%5XZAS1 1/ a distance of 174.11' to a rebar with plastic cap set;
thence leaving said common line n"tMirt thrdu h the Patterson & Sons, Inc. property N
12°13'20" E a distance of 447.53'thoArebarAlfth pla5.ti cap set;
thence N 58°04'52" W a distance of 1%4 5 o a rebar with plastic cap set;
thence S 54°21'59" W a distance of 68. ' "O rebar withy attic cap set;
thence S 54°21'59" W a distance of 40.01 to a rebar v i plastk cap set;
thence S 54°21'59" W a distance of 181.22' to a r wltffasti cap set;
thence S 21°34'21" W a distance of 197.09' to rebar wit las c cap set;
thence S 03°27'42" W a distance of 212.82' to a Tb` ith p stic cap set in the common line of
Patterson & Sons, Inc. and Timothy C. Patterson (r XfQ�e%to
rl�\, see Deed Book 1608, Page 366);
thence with said common line S 82°15'16" W a distance a rebar with plastic cap set;
thence leaving said common line and continuing throu the Matte son & Sons, Inc. property N
45°01'51" W a distance of 76.64' to a rebar with plasticK se
-
thence S 68°19'58" W a distance of 253.45' to a rebar with pla is t i� the common line of
Patterson & Sons, Inc. and Timothy C. Patterson (now or for �erle a dook 1608, Page 366);
thence with said common line S 82°15'16" W a distance of 31ga cWulat d point;
thence leaving said common line and continuing with the common liroffte,sn &Sons, Inc. and
Timothy C. Patterson (now or formerly, see Deed Book 1779, Page 85) 1 2r44" E a distance of
51.05' to a rebar with plastic cap set;
thence leaving said common line and continuing through the Patterson& S s, Irk -pro erty N
59°34'18" E a distance of 257.80' to a rebar with plastic cap set;
thence N 69°44'16" E a distance of 302.18' to a rebar with plastic cap set;
thence N 26°38'51" E a distance of 296.82' to a rebar with plastic cap set;
thence N 68°27'36" W a distance of 79.32' to a rebar with plastic cap set;
thence S 56°41'21" W a distance of 325.33' to a rebar with plastic cap set;
thence S 62°14'22" W a distance of 183.01' to a rebar with plastic cap set;
thence N 22°16'45" W a distance of 106.15' to a rebar with plastic cap set in the com" n li
Patterson & Sons, Inc. and Timothy C. Patterson (now or formerly, see Deed Book 1608, P e 36b);
thence with said common line N 14°02'49" E a distance of 159.77' to a rebar with plastic ca t}''

B3730 - P 758
ctienc eaving said common line and continuing through the Patterson & Sons, Inc. property S 88°10'46"
L-�E i ce of 148.67' to a rebar with plastic cap set;
ce�63°00'18" E a distance of 175.19' to a rebar with plastic cap set;
chy,R6e)II 6 43'45" E a distance of 197.08' to a rebar with plastic cap set;
en6e S 24'15" E a distance of 192.73' to a rebar with plastic cap set;
t ri , 4°04'3 " E a distance of 16.66' to a rebar with plastic cap set;
thenc NF
34' E a distance of 45.73' to a rebar with plastic cap set;
thence N dist ce of 153.20' to a rebar with plastic cap set;
thence'"E a pis ascgof 236.31'to a rebar with plastic cap set;
thence N 35' E i tance fL246.82' to a rebar with plastic cap set;
thence N 05 3.•35 a d stapCi ��if K19' to a rebar with plastic cap set;
thence N 05°23 �Xdr �'nc f 64.44 to a rebar with plastic cap set;
thence N 18°46 2" E ist0c"e of 173.17' to a rebar with plastic cap set;
thence N 24°36'43Nadit ns`ce ofx 54.01' to a rebar with plastic cap set;
thence S 68°26'21 W a ist e f 3 6.32'r o a rebar with plastic cap set;
thence S 79°28'48" W a sr e 2 t a rebar with plastic cap set;
thence N 78°21'00" W a tan , to a rebar with plastic cap set;
thence S 77°46'34" W a distan of, B.7" a rebar with plastic cap set in the common line of
Patterson & Sons, Inc. and PakV<OW&r-$65, I c. c/o Timothy C. Patterson (now or formerly, see Deed
Book 881, Page 987, Map Book 2
thence with said common line N 7" W istaa of 125.06' to a calculated point;
thence N 70°38'07" W a distance of@ a cldulated point;
thence N 70°38'07" W a distance of 14 . UJOa rebar witiv5l�stic cap set;
thence leaving said common line and continuing throe the Pktterson & Sons, Inc. property N
82°58'19" E a distance of 120.25' to a rebar with stet e)tic
thence N 82°58'19" E a distance of 60.64' to a barv�iithsa set;
thence N 80035'35" E a distance of 223.77' to a �bal with pl cap set;
thence N 16 31'S4" W a distance of 136.64' to a r ar 1as�cap set;
thence N 16°31'54" W a distance of 35.01' to a rebar wi ply '' ca set;
thence N 16°31'54" W a distance of 108.77' to a rebar itl pl is p set;
thence N 50°50'53" W a distance of 203.71' to a rebar ath plat' tap s
thence S 88°28'26" W a distance of 197.48' to a rebar with pla is
Patterson & Sons, Inc. and Juanita B. Douglas et. al. (now or f rm rly,
thence with said common line N 17°04'49" E a distance of 166. 8' to h
23.354 acres more or less, and shown as Easement Area "A-3" on a plt
(P-0702) of Swannanoa, NC, titled "Conservation Easement Plat for it
Creek Mitigation Bank Site" dated May 21, 2019 and recorded in Plat
of the Harnett County Register of Deeds.
t i� the common line of
eDd Book 768, Page 20);
eint�1 f Beginning; containing
by�Cirr�er�Land Surveying, PLLC
d(uds Engi�neering, Inc., Daniels
ok�aJijx�€�t j , Page/Slide
�c
�c

B3743 - P 161
For Registration Kimberly S. Hargrove
Register of Deeds
Harnett County, NC
Electronically Recorded
2019 Oct 03 04:52 PM NC Rev Stamp: $ 0.00
Book: 3743 Page:161 - 162 Fee: $ 26.00
Instrument Number: 2019014534
TRUE AND CERTIFIED
Prepared by and Return to:
Reginald B. Kelly, Attorney at Law, P.O. Box 1118, Lillington, NC 27546
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
AMENDMENT TO
DECLARATION OF
RESTRICTIONS
This declaration of deed restrictions of certain real property located at Tim Patterson Lane in
Broadway, Harnett County, North Carolina, recorded in the Harnett County Register of Deeds at
Book 1779, Page 185, is made by Timothy C. Patterson, fee simple owner of the property.
RECITALS
Timothy C. Patterson ("Patterson") owns, in fee simple, real property located at Tim Patterson
Lane in Broadway, Harnett County, North Carolina, recorded in the Harnett County Register of
Deeds at Book 1779, Page 185, Parcel Identification Number 9681-95-9302 (the "Property");
Patterson desires and intends to provide for the perpetual protection and conservation of a portion
of the Property and Patterson has granted a conservation easement over a portion of the Property
that Patterson has granted a perpetual conservation easement as shown on Plat recorded in Book
2019, Page 284, Harnett County Registry.
Now, therefore, Patterson, as owner of the Property, for himself, and his tenants, successors, heirs
and assigns, desires that an approximate 10.1-acre portion of the Property shown on the attached
exhibit A as "Deed Restricted Pond and Tributaries" is held and hereafter shall be conveyed,
subject to the following covenants, rights, reservations, limitations, and restrictions.
USE RESTRICTIONS
I. No livestock shall be allowed to access or enter the deed restriction area in the western
portion of the Property, designated as the "Deed Restricted Pond and Tributaries" on
exhibit A. As long as livestock are kept in the area outside of the exclusion fencing, said
fencing will be maintained by the landowner. This deed restriction shall run with the land
and shall be binding upon Patterson, any tenants and any subsequent owners and tenants,
5ybiniIted eleeIrenicHliv by KV I ly—& 4 lad— ll({Irit"s PA i I I r0111nliitn4cc wit It tiudh [ widiu;i +IitIuis+„uQxvruine recorelahlr
dnemnents and the tts•my ofths_airhnFiltri nereentrnt with the Harnett Caiinh• Iieeister e)f PereK

B3743 - P 162
their successors, heirs or assigns. Any lease of the Property shall be subject to this
restriction.
2. Any changes to this declaration must have prior approval of the U. S. Army Corps of
Engineers.
This the day of October, 2019.
pv.�� (SEAL)
Timothy' ', P tterson
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
I, a Notary Public of the County and State aforesaid, certify that Timothy C. Patterson
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal, this day of �d2019.
t,,�y51111f rll �r
�10 floral 'SeaF�ere)
My Cal IMISslt1n+lex s: a�b
ACLJ�L� aj/K�
-
Notary Public

E-REGORD
Sent: ' DI 3 o b Cl
County:
Prepared by and Return to:
Reginald B. Kelly, Attorney at Law, P.O. Box 1118, Lillington, NC 27546
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
AMENDMENT TO
DECLARATION OF
RESTRICTIONS
This declaration of deed restrictions of certain real property located at Tim Patterson Lane in
Broadway, Harnett County, North Carolina, recorded in the Harnett County Register of Deeds at
Book 1779, Page 185, is made by Timothy C. Patterson, fee simple owner of the property.
RECITALS
Timothy C. Patterson ("Patterson") owns, in fee simple, real property located at Tim Patterson
Lane in Broadway, Harnett County, North Carolina, recorded in the Harnett County Register of
Deeds at Book 1779, Page 185, Parcel Identification Number 9681-95-9302 (the "Property");
Patterson desires and intends to provide for the perpetual protection and conservation of a portion
of the Property and Patterson has granted a conservation easement over a portion of the Property
that Patterson has granted a perpetual conservation easement as shown on Plat recorded in Book
2019, Page 284, Harnett County Registry.
Now, therefore, Patterson, as owner of the Property, for himself, and his tenants, successors, heirs
and assigns, desires that an approximate 10.1-acre portion of the Property shown on the attached
exhibit A as "Deed Restricted Pond and Tributaries" is held and hereafter shall be conveyed,
subject to the following covenants, rights, reservations, limitations, and restrictions.
USE RESTRICTIONS
1. No livestock shall be allowed to access or enter the deed restriction area in the western
portion of the Property, designated as the "Deed Restricted Pond and Tributaries" on
exhibit A. As long as livestock are kept in the area outside of the exclusion fencing, said
fencing will be maintained by the landowner. This deed restriction shall run with the land
and shall be binding upon Patterson, any tenants and any subsequent owners and tenants,

their successors, heirs or assigns. Any lease of the Property shall be subject to this
restriction.
2. Any changes to this declaration must have prior approval of the U. S. Army Corps of
Engineers.
This the day of October, 2019.
(SEAL)
Tinlotily IQ,. P ttcrson
****************************************
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
I, a Notary Public of the County and State aforesaid, certify that Timothy C. Patterson
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal, this J day of 2019.
('P e D T Y soa�. e a)
My C�ornmissi4tO�i►4ixPit.& aZQ
�" 1-J- 9V6--'k&Vy-�
Notary Public

/
A� " CERTIFICATE OF LIABILITY INSURANCE
DATE (M M/DD/YYYY)
10/03/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Kelly Cassady
NAME:
Insurance United, Inc. dba Conservation United
aCONNo Ext : [phone] FAX,
No): [phone]
E-MAIL [e-mail]
ADDRESS: y@
PO Box 759
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Nautilus Insurance Company
001990
Higley AZ 85236
INSURED
INSURER B :
INSURER C :
Wildlands Holdings IV, LLC
INSURER D :
1430 S Mint Street Ste 104
INSURER E :
INSURER F :
Charlotte NC 28203
COVERAGES CERTIFICATE NUMBER: CL1910101299 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCEADDLSUBR
INSD
WVD
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
—]
DAMAGE TO
CLAIMS -MADE OCCUR
PREM IS Ea occurrence)l
$
MED EXP (Any one person)
$
PERSONAL &ADV INJURY
$
GEN'LAGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
POLICY ❑ PRO ❑ LOC
JECT
PRODUCTS -COMP/OP AGG
$
$
OTHER:
AUTOMOBILE
LIABILITY
MBINED SLIMIT
EaCOaccident
$INGLE
BODILY INJURY (Per person)
$
ANYAUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LAB
CLAIMS -MADE
DED I I RETENTION $
$
WORKERS COMPENSATION
PER OTH-
AND EMPLOYERS' LIABILITY Y / N
STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
NIA
E.L. EACH ACCIDENT
$
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
Financial Assurance
A
SSP2029828-10
10/03/2019
10/03/2027
Aggregate
2,592,658
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Construction (One Year) - $1,444,138
Year 1 Maint. And Mon. - 285,230
Year 2 Maint. And Mon. - 239,860
Year 3 Maint. And Mon. - 202,390
Year 4 Maint. And Mon. - 159,220
Year 5 Maint. And Mon. - 123,420
Year 6 Maint. And Mon. - 88,550
Year 7 Maint. And Mon. - 49,850
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Proof of Insurance
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

Exhibit A. Deed Restricted Pond and Tributaries
Timothy C. Patterson PIN: 9681-95-9302
WILD LANDS 0 250 500 1,000 Feet Daniels Creek Mitigation Site
ENGINEERING I I I I I Mid Cape Fear Umbrella Mitigation Bank
Cape Fear River Basin 03030004
Harnett County, NC