20181694 Ver 1_SAW-2018-02160 Mitigation Plan comments_20200430

Strickland, Bev
From: Jessop, Jordan E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, April 30, 2020 5:04 PM
To: Angela Allen
Cc: Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Davis, Erin B; Haupt, Mac;
[e-mail]; Dunn, Maria T.; Wilson, Travis W.;
[e-mail]
Subject: [External] SAW-2018-02160 Cape Fear 05 UMB Dudley Mill Pond Mitigation Plan -
comments
Attachments: SAW-2018-02160 Dudley Pond Draft Mit Plan Memo- comments.pdf; Mitigation
Banking Instrument Template March 2020 DRAFT.docx; Dudley Pond Conservation
Easement Draft_carl pruitt comments.docx
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Good afternoon Angela,
Please find the attached Draft Mitigation Plan IRT comments, and Corps office of counsel comments. You may proceed
with developing the final mitigation plan for the Dudley Pond Mitigation Site provided you adequately address all
comments/concerns in the enclosed memo. Please ensure that each member of the IRT is provided a copy of the Final
Mitigation Plan. In addition, please submit your Nationwide Permit 27 application to this office for review and approval
prior to discharging fill material into waters of the United States.
Please let me know if you have any questions.
Best regards,
Jordan
Jordan Jessop
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[phone] (direct line)
[e-mail]

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 21, 2020
CESAW-RG/Jessop
AA VI11IIs] :1_ 01Big] IIle] :i:1x4L8lilk] 111
Action ID: SAW-2018-02160 Cape Fear 05 UMB Dudley Mill Pond Mitigation Site
SUBJECT: Dudley Mill Pond Mitigation Site Draft Mitigation Plan IRT Comment Memo
NC Division of Water Resources Comments (Mac Haupt):
1. Service Area- in the Introduction the verbiage states that this project will provide credits for use
in Cape Fear 05. It is assumed this means the entire CF 05 catalog unit. There were discussions
previously which talked about including a couple of smaller watersheds/catchments and not
allowing this project to use the lower portion of CF 05. In addition, there is an email in the
Mitigation Plan that refers to these discussions. DWR's understanding, based on the Mitigation
Plan and the UMBI is that the proposed service area is the entire CF 05. Please verify this
assertion.
2. Section 6.6- Project Implementation-DWR would like more information as to the depth of the
excavation for the Cedar Creek 2 floodplain. In addition, it would be helpful to have more soi
information regarding the textures for the area which would have the most legacy sediment.
3. The soil report included does not give enough information (there are not enough cores in the
area to be excavated).
a. Moreover, when providing a soil report with borings, please include soil colors on each
boring.
b. Does Wildlands have any concerns with plant survival and/or streambank stability given
the nature of the soil texture in some of the soil borings (sandy textures)?
c. DWR would like to see more soil cores across the pond/lake bottom.
4. Section 9.1- Monitoring Requirements- Given the excavation on Cedar Creek Reach 2 and the
extensive presence of wetlands where channel construction will occur, DWR will require some
wetland monitoring gauges. The number and placement will be recommended in the review of
the design sheets.
5. DWR would like wetland monitoring gauges placed in the following areas:
a. Design sheet 1.5-stream left, approximately station 12+00, outside of excavation (if
there is any on this reach).
b. Design sheet 1.7- stream left, station 126+50 inside of excavation area.
c. Design sheet 1.10- stream right, station 141+50, inside of excavation area.
d. Design sheet 1.11- stream left, station 144+00, 75 feet away from channel.
6. Design sheet 1.12- will the entire dam footprint be removed?

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7. Design sheet 3.1- DWR recommends increasing the percentage of Bald Cypress planted. In
addition, we recommend planting Nyssa aquatica in the similar percentage as well.
U.S. Army Corps of Engineers Comments (Kim Browning).-
1. The title page has a different plan name than page 1.
2. Table 15: Please add a column to show how the 2% buffer credit is calculated by reach.
3. Include the GIS buffer maps that show the ideal and proposed buffers.
4. Will the shallow ditch on the NE side of the easement be filled? Or is that a potential
encroachment area by an adjacent landowner?
5. Numerous invasives, such as kudzu, multiflora rose and Chinese privet currently exist in the
easement area. There is potential for these species to jeopardize buffer vegetation
establishment. Recommend adding a performance standard for invasive species control. An
example would be: The sponsor will locate invasive vegetation. It will be visually assessed,
photographed, and mapped. These areas will be treated by mechanical or chemical methods, so
that invasive species are no more than 5% of the easement acreage, and zero tolerance for
kudzu. Any vegetation requiring herbicide application will be performed in accordance with NC
Department of Agriculture rules and regulations.
6. More specific performance standards should be listed in Section 8, similar to those in Table 16.
Categories to address include Stream Restoration Success Criteria (Bankfull events, Cross
Sections, Digital Image Stations), Vegetation Success Criteria (vigor, density), and Invasive
Success Criteria.
7. Even though there are no wetland credits being sought, it is recommended that wetland gauges
be installed and monitored in order to demonstrate no functional loss and/or acreage loss of
wetlands with this project (to compare pre and post data).
8. Table 16: Entrenchment ration (ER) must be above 2.2 for all measured riffle cross -sections on a
given reach (for C and E streams).
9. Figure 2 appears to show the GSA to be the entirety of Cape Fear 05. The email from Mickey
Sugg, sent Feb. 19, 2019, stated that we are accepting the (2) 12-digit HUCs for Dudley Pond, but
not the entire Cape Fear 05 and not any of the Cape Fear 04. Please verify that this is the
proposed GSA and specify this in Section 1.
10. Section 10.3, Table 19: Is the legal fund included in the minor/major violation categories?
Typically a separate legal fund is specified. Please include the spreadsheet provided by UP2S
that shows the cost breakdown.
11. Table 20: Consider adding funds for supplemental planting or replanting.
12. Project Risks and Uncertainties should consider such things as adjacent land use development,
easement encroachment (road widening, culvert maintenance, ditching, potential utilities),
hydrologic trespass, Invasive/Nuisance Species (beaver, vegetation), and include methods to
address that may be presented as adaptive management.

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U.S. Army Corps of Engineers Comments (Jordan Jessop):
1. On Table 17 (pg 19) you list pebble counts as being a part of the monitoring plan, elsewhere in
the document it is specifically stated that pebble counts will not be done, given the naturally
sandy substrate. Given the ecoregion and naturally occurring sand, this is not appropriate,
please correct.
2. Please provide additional information regarding the proposed sinuosity for Cedar Creek (1.3),
while the reference reaches are 1.2.
3. Please use the latest version of the Mitigation Banking Instrument Template, which is attached.
4. Please provide additional details on the potential for boundary encroachment, and how it may
be handled, particularly from the agricultural fields in the northeast section of the project.
5. Please submit a draft policy of the casualty insurance for review.
6. The proposed contingency amounts for monitoring appear to be insufficient and should be
closer to 8-10%. For example, the re -grading contingency amount would likely only cover the
mobilization of the necessary equipment to the site.
7. Please provide additional details on the current state of beaver activity on -site and proposed
management.
8. In addition to the above comment, more detail is needed in the Adaptive Management Plan.
This should include an identification of potential risks (beaver, invasive species, boundary
encroachment) and some detail on how they would be handled.
9. Please see attached conservation easement comments from Carl Pruitt (Corps Office of Counsel)
Digitally signed by
JESSOP.JORDAN.E.151
5090548
Date: 2020.04.30
16:54:16-04'00'

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AGREEMENT TO ESTABLISH THE UMBRELL-H MITIGATION BANK
IN RIVER BASIN WITHIN THE STATE OF NORTH CAROLINA
USACE approval of this Instrument constitutes the regulatory approval required for
the [INSERT NAME OF THE MITIGATION BANK OR IN -LIEU FEE PROGRAM] 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 ( MBI) is made and entered into on
the day of , 20_ , by , hereinafter Sponsor, and the U.S. Army
Corps of Engineers (Corps), and each of the following agencies, upon its execution
of this MBI; 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 Carolina 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 ;
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, creation,
enhancement and preservation activities at the Bank site(s), 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(s) is/are to restore, enhance, create and
preserve wetland and/or stream systems and their functions to compensate in
appropriate circumstances for unavoidable wetland and/or stream impacts authorized
by Section 404 of the Clean Water Act permits and or Section 10 of the Rivers and

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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/or 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: Geoaraahic Service Area
The Geographic Service Area (GSA) is the designated area within which the + lmbrella
Bank is authorized to provide compensatory mitigation required by DA permits. The GSA
for this Bank shall include the {Name Watershed} Hydrologic Unit {8 digit HUC} 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.
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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 the/each site -specific approved
Mitigation Plan
B. The Sponsor shall monitor the Bank Site as described in the approved
Mitigation Plan , 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: Reaortina
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 in relation to the performance standards in the
Mitigation Plan . 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 ledger
reports documenting credit transactions as described in Section VIII of this
MBI.
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),
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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 action(s) required
by the DE shall be designed to achieve the performance standards as specified
in the Mitigation Plan . 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 Mitiaation Credits
A. Description of credit classifications and provisions pertaining to the use of those
credits shall be provided in the Mitigation Plan(s) to be included in this 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
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been achieved.
B. A credit release schedule shall be provided in the/each site -specific Mitigation
Plan(s) that are 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 MBI 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 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 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 VIII: Accountina 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
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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 will be detailed in the site -specific
Mitigation Plan . 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 MBI.
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 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.
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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 easement holder and a draft copy of the CE will be provided in the
specific Mitigation Plans
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 Manaaement
A. The Sponsor shall implement the long-term management plan as described in
the site- specific Mitigation Plan(s). {Provide the name and contact
information for the party responsible for long-term management.}
B. The long-term management plan will include a list of annual maintenance,
monitoring, and/or repair activities for the 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.
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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. As projects developed as part of this bank are specifically intended to restore
streams and/or wetland systems that are subject to periodic flooding and drought
conditions, they should be designed to withstand any such events that are
anticipated to occur in the natural environment. This is not limited to routine or
minor flooding or droughts, but also specifically includes flooding events resulting
from hurricanes, or other extreme weather events as well as extended periods of
drought. Additionally, this includes conditions resulting from sea level rise that
adversely impact projects that are part of this bank.
C. 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,
subject to the exceptions contained in Paragraph B above, 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.
D. 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
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obligations under this MBI, the DE shall issue a close out letter to the Sponsor.
Section XIII: Miscellaneous
A. Modification of this MBI 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 MBI 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 MBI 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 MBI shall be
construed as if such invalid, illegal or unenforceable provision had not been
contained herein.
E. This MBI 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 MBI 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:
Name
Title
Address
Corps:
Mr./Ms.
U.S. Army Corps of Engineers
Regulatory Division
Address
USEPA:
Mr. Todd Bowers
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Wetlands Section -
Region IV Water
Management Division
U.S. Environmental Protection
Agency 61 Forsyth Street, SW
Atlanta, Georgia 30303
USFWS:
Mr./Ms.
U.S. Fish and Wildlife Service
Address
NCWRC:
Mr./Ms.
North Carolina Wildlife Resources Commission
Address
NCDWR:
Ms. Erin Davis
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. Ken Riley
National Marine Fisheries,
NOAA Habitat Conservation
Division Pivers Island
Beaufort, North Carolina 28516
NCDCM:
Mr./Ms.
North Carolina Division of Coastal Management
North Carolina Department of Environment and Natural Resources
Address

Version March 2020
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The _ Umbrella Mitigation Bank In County,
North Carolina":
Sponsor:
Date:
U.S. Army Corps of Engineers:
By: Date:

Version March 2020
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Umbrella Mitigation Bank, River
Basin in the State of North Carolina":
U.S. Environmental Protection Agency:
By: Date:
U.S. Fish and Wildlife Service:
By: Date:
N.C. Division of Water Resources:
By: Date:
N.C. Wildlife Resources Commission:
By: Date:
NC State Historic Preservation Office:
By:
National Marine Fisheries Service:
By:
N.C. Division of Coastal Management:
By:
Date:
Date:
Date:
i

Version March 2020
List of Appendices
Appendix A: Geographic Service Area Map
Appendix B: Mitigation Plan (Each plan should include construction costs, maintenance
and monitoring costs, draft copy of financial assurance documents, draft copy of site
protection instrument, and a long term management plan as appendices to the plan.)

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Prepared by Wildlands Engineering, Inc
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of , 2020 by and between Ramlonghorn, LLC, ("Grantor') and
Unique Places to Save ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Cumberland County, North Carolina, more particularly described in Exhibit A

attached hereto and incorporated herein (the "Property');
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue
Code, the purposes or powers of which include one or more of the purposes (a) — (d)
listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of real
property;
(b) ensuring the availability of real property for recreational, educational, or
open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following natural
communities: wetlands, streams and riparian buffers. The purpose of this Conservation
Easement is to maintain streams, wetlands and riparian resources and other natural
values of approximately 45.915 acres, more or less, and being more particularly
described in Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Easement Area"), and prevent the use or development of the Conservation
Easement Area for any purpose or in any manner that would conflict with the
maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI)
and Mitigation Plan for the Wildlands Cape Fear 05 Umbrella Mitigation Bank — Dudley
Mill Pond Mitigation Site, Department of the Army ("DA") Action ID NumberSAW 2016-
02160, entitled "Agreement to Establish the Wildlands Cape Fear 05 Umbrella Mitigation
Bank in the Cape Fear River Basin within the State of North Carolina", entered into by and
between Wildlands Holdings VI, LLC ("Wildlands") acting as the Bank Sponsor and the
Wilmington District Corps of Engineers ("Corps"), in consultation with the North Carolina
Interagency Review Team ("IRT"). The Dudley Mill Pond Mitigation Site has been
approved by the Corps for use as a mitigation bank to compensate for unavoidable
stream and wetland impacts authorized by DA permits.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall
be held by the North Carolina Division of Water Resources (NCDWR) and heJ U.S_ Army Corps , - Commented [PCEJCUC(l]: What about the language
of Engineers, Wilmington District ("Third -Party," to include any successor agencies), and in the template: "the North Carolina Division of Water
may be exercised through the appropriate enforcement agencies of the United States and Resources t(NCDWR) and" Should it be included? If not
applicable to this one, that can be deleted (as well as
the State of North Carolina, and that these rights are in addition to, and do not limit, the following NCDWR references).
rights of enforcement under the Department of the Army instrument number SAW-2016-
02160 ("Mitigation Banking Instrument"), or any permit or certification issued by the
Third -Party.

NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and
irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever
and in perpetuity a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the Conservation Easement Area described on Exhibit B,
together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the
purpose of this Conservation Easement is prohibited. The Conservation Easement Area
shall be preserved in its natural condition and restricted from any development that
would impair or interfere with the conservation values of the Conservation Easement
Area.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna,
utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent
structure or facility on or above the Conservation Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area are prohibited.

E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except
as provided in the Mitigation Plan. Mowing of invasive and herbaceous vegetation for
purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation
Plan is allowable once a year for no more than five consecutive years from the date on
page I of this Conservation Easement, except where mowing will negatively impact
vegetation or disturb soils. Mowing activities shall only be performed by Wildlands
Holdings VI, LLC and shall not violate any part of Item L of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area, nor enlargement or modification to existing roads,
trails orwalkway 5l^n the cen5,,Fyatien Easement n. l - - Commented [PCEICUC(2]: Obviously... language not
on template.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation values
of the Conservation Easement Area, signs giving directions or proscribing rules and
regulations for the use of the Conservation Easement Area and/or signs identifying the
Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Conservation Easement Area, except to restore natural topography or drainage
patterns. For purposes of restoring and enhancing streams and wetlands within the
Conservation Easement Area, Wildlands is allowed to perform grading, filling, and
excavation associated with stream and wetland restoration and enhancement activities as
described in the Mitigation Plan and authorized by Department of the Army Nationwide
Permit 27.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a

transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for
temporary or occasional access by the Wildlands, the Grantee, its employees and
agents, successors, assigns, NCDWR and the Corps for purposes of constructing,
maintaining and monitoring the restoration, enhancement and preservation of
streams, wetlands and riparian areas within the Conservation Easement Area. Jhe use
of mechanized vehicles for monitoring purposes is limited to only existing roads and trails
as shown in the approved in the mitigation plan. - Commented [PCEICUC(3]:This isnowontemplate
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant, the
preservation of the Conservation Easement Area substantially in its natural condition, or
the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area for
all purposes not inconsistent with this Conservation Easement, including, but not limited
to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress
and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right
to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in
part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including Wildlands acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation Easement
Area in accordance with the approved Cape Fear Umbrella Mitigation Plan — Dudley Mill
Pond Mitigation Site, and the Mitigation Banking Instrument described in the Recitals of
this Conservation Easement. I
ARTICLE IV. GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the
Corps, shall have the right to enter the Property and Conservation Easement Area at all
reasonable times for the purpose of inspecting the Conservation Easement Area to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation
Commented [PCEICUC(4]: I assume that the
following was removed because there are no internal
crossings: "Notwithstanding the foregoing Restrictions,
Grantor reserves for Grantor, its successors and assigns,
the following rights in the areas labeled as "Internal
Crossing' on the plat [insert plat name and recorded
plat book page number] in the Conservation Easement
Area: vehicular access, livestock access, irrigation piping
and piping of livestock waste. All Internal Crossings that
allow livestock access will be bounded by fencing and
will be over a culvert." Please verify that this is not
appropriate.

Easement. The Grantee, Wildlands, and its authorized representatives, successors and
assigns, and the Corps shall also have the right to enter and go upon the Conservation
Easement Area for purposes of making scientific or educational observations and studies
and taking samples. The easement rights granted herein do not include public access
rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and the Corps and
NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area
that is inconsistent with the purposes of this Easement and to require the restoration of
such areas or features of the Conservation Easement Area that may be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor
that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing
of such breach. The Grantor shall have 30 days after receipt of such notice to correct the
conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings
including damages, injunctive and other relief. Notwithstanding the foregoing, the
Grantee reserves the immediate right, without notice, to obtain a temporary restraining
order, injunctive or other appropriate relief if the breach of the terms of this Conservation
Easement is or would irreversibly or otherwise materially impair the benefits to be derived
from this Conservation Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in
addition to, and not in lieu of, all other rights and remedies available to Grantee in
connection with this Conservation Easement. The costs of a breach, correction or
restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be
paid by Grantor, provided Grantor is determined to be responsible for the breach. The
Corps shall have the same rights and privileges as the said Grantee to enforce the terms
and conditions of this Conservation easement.
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Conservation Easement Area resulting from such
causes.

ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property which
have not been expressly subordinated to this Conservation Easement. Grantor further
warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend title
to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest
in all or a portion of the Conservation Easement Area. The Grantor agrees to provide
written notice of such transfer at least sixty (60) days prior to the date of the transfer. The
Grantor and Grantee agree that the terms of this Conservation Easement shall survive any
merger of the fee and easement interests in the Conservation Easement Area or any
portion thereof and shall not be amended, modified or terminated without the prior
written consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder pursuant to 33
CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of
the transfer or assignment will be such that the transferee or assignee will be required to
continue in perpetuity the conservation purposes described in this document.
D. Entire Agreement and Severability. The Mitigation Banking Instrument: MBI
with corresponding Mitigation Plan, and this Conservation Easement sets forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings or agreements relating to the
Conservation Easement. If any provision is found to be void or unenforceable by a court of
competent jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property

free of any liens or other encumbrances for obligations incurred by Grantor, except those
incurred after the date hereof, which are expressly subject and subordinate to the
Conservation Easement. Grantee shall not be responsible for any costs or liability of any
kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of
the obligation to comply with federal, state or local laws, regulations and permits that may
apply to the exercise of the Reserved Rights.
F. Long -Term Management. If livestock operations will be maintained on the
property, Grantor is responsible for all long-term management activities associated with
fencing to ensure livestock do not have access to the Protected Property. These activities
include the maintenance and/or replacement of fence structures, as deemed necessary by
the Grantee, to ensure the aquatic resource functions within the boundaries of the
Protected Property are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this
Conservation Easement may only be extinguished, in whole or in part, byjudicial
proceeding.
H. Eminent Domain. Whenever all or part of the Conservation Easement Area
is taken in the exercise of eminent domain so as to substantially abrogate the
Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in
appropriate actions at the time of such taking to recover the full value of the taking,
and all incidental and direct damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area is sold, exchanged, or involuntarily converted following an extinguishment
or the exercise of eminent domain, Grantee shall be entitled to the fair market value of
this Conservation Easement as determined at the time of the extinguishment or
condemnation.
J. Notification. Any notice, request for approval, or other communication required
under this Conservation Easement shall be sent by registered or certified mail, postage
prepaid, to the following addresses (or such address as may be hereafter specified by
notice pursuant to this paragraph):
To Grantor:
Ramlonghorn, LLC.
2104Island Wood Road
Austin, TX 78733
Attn: Brian Golson

To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
To Sponsor:
Wildlands Holdings VI, LLC
143 South Mint Street, Suite 104
Charlotte, NC 28203
Attention: Shawn D. Wilkerson
Fax: [phone]
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's interest
shall become vested in another qualified grantee in accordance with an appropriate
proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in a
writing signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the conservation purposes of this grant.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
3 of the Mitigation Plan, prepared by Grantor and acknowledged by the Grantor and
Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee
have copies of this report. It will be used by the parties to assure that any future changes
in the use of the Conservation Easement Area will be consistent with the terms of this
Conservation Easement. However, this report is not intended to preclude the use of other
evidence to establish the present condition of the Conservation Easement Area if there is a
controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.

IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and
year first above written.
Grantor: Ramlonghorn, LLC., a North Carolina limited liability company
By:
Brian Golson, Manager
Date:
TEXAS
COUNTY OF
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that Brian Golson, Grantor, personally appeared before me
this day and acknowledged that he is Manager of Ramlonghorn, LLC, a North Carolina
limited liability company, and that he, as Manager, being authorized to do so, executed
the foregoing on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of , 20_.
Notary Public
My commission expires:

IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day
and year first above written.
Grantee: Unique Places to Save
By:
David Fisher, Board Chair
Date:
STATE OF_
COUNTY OF
(SEAL)
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that Jeffrey Fisher, Grantee, personally appeared before me
this day and acknowledged that he is Board Chair of Unique Places to Save, a non-profit
corporation, and that he, as Board Chair, being authorized to do so, executed the
foregoing on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of , 20_.
Notary Public
My commission expires:

EXHIBIT A
Ramlonghorn, LLC
MRW I L D L A N D S 0 250 500 Feet Dudley Pond Mitigation Site
eNGiNEeaiNG
I I Cape Fear River Basin (03C30005)
Cumberland County, NC

EXHIBIT B
Dudley Pond Conservation Easement
Property of. Ramlonghorn, LLC
USACE ID # SAW-2016-02160
The following conservation easement area is located off of John Hall Road, SR 2017, within
Cumberland County, North Carolina and being on portions of that property conveyed to
Ramlonghorn, LLC through Deed Book 10511, Page 0211, Deed Book 10460, Page 727, and Deed
Book 7778, Page 0161 of the Cumberland County Register of Deeds, and being more particularly
described as follows (all bearings are grid bearings and all distances are horizontal ground
distances):
Beginning at a 5/8" rebar on the western right-of-way of John Hall Road, said point also being the
southernmost property corner on the lands of Lieburn Ralph & Wife Shelby F. Strickland; thence
proceeding along the western right-of-way of John Hall Road the following courses and distances:
S12°38'25"W for 194.22'to a 5/8" rebar; thence S3°05'28"W for 125.91' to a 5/8" rebar and then
S3°25'49"E for 66.91' to a 5/8" rebar;
Thence turning and proceeding along the property of Ramlonghorn LLC the following courses and
distances: N58°32'46"W for 381.73' to a 5/8" rebar; thence S80°07'27"W for 548.50' to a 5/8"
rebar; thence S43°16'37"W for 460.19' to a 5/8" rebar; thence S37°08'15"W for 705.57' to a 5/8"
rebar and then S1°55'46"W for 717.90' to a 5/8" rebar;
Thence turning and proceeding along the property of Amy G. Dudley to following courses and
distances: N66°32'03"W for 18.81' to a 5/8" rebar; thence N49°22'25'W for 18.24' to a 5/8" rebar;
thence N43°04'13"W for 31.96' to a 5/8" rebar; thence N67°43'27"W for 27.60' to a 5/8" rebar;
thence N34°45'28" W for 16.44' to a 5/8" rebar; thence S67°42'22"W for 44.81' to a 5/8" rebar;
thence S73°03'24"W for 35.47' to a 5/8" rebar; thence S70°40'46"W for 47.70' to a 5/8" rebar;
thence S18°49'44"W for 98.89' to a 5/8" rebar and then S58°08'08"W for 64.98' to a 5/8" rebar;
Thence turning and proceeding along the property of Amy B. Grimes in a direction of S58°08'08"W
for a distance of 117.20' to a 5/8" rebar;
Thence turning and proceeding along the property of Cathy Tatum Vinson in a direction of
N23°51'41"E for a distance of 123.16' to a 5/8" rebar;
Thence turning and proceeding along the property of Cathy Tatum Vinson and Bessie T. Beal in a
direction of N76°29'02"W for a distance of 114.06' to a 5/8" rebar;
Thence turning and proceeding along the property of Steven C. & Wife Georgiann A. Lawrence the
following courses and distances:
NO°17'00"W for 816.58' to a 5/8" rebar;
thence N31°25'04"E for 1151.97' to a 5/8" rebar;
thence S89°19'40"E for 341.66' to a 5/8" rebar;
thence N15°08'00"E for 353.86' to a 5/8" rebar;
thence N69°47'35"W for 10.04' to a pipe;
thence N17°15'54"W for 179.23' to a 5/8" rebar;

thence N2°20'44"E for 528.52' to a pipe;
thence N2°35'46"E for 56.98' to a 5/8" rebar;
thence N16°53'54"E for 59.80' to a 5/8" rebar;
thence N26°04'06"W for 312.20' to a 5/8" rebar;
thence N78°16'01"W for 396.75' to a 5/8" rebar and then N37°37'05"W for 526.95' to a 5/8"
rebar;
Thence turning and proceeding along the property of Jimmy A & Wife Patricia B Williamson &
James C Brisson in a direction of S89°35'19"E for for 265.03' to a 5/8" rebar;
Thence turning and proceeding along the property of Bertie N. Jessup in a direction of
N78°32'25"E for a distance of 237.00' to a 5/8" rebar;
Thence turning and proceeding along the property of Lieburn Ralph & Wife Shelby F. Strickland in
a direction of S36°30'05"E for a distance of 345.74 to a 5/8" rebar;
Thence turning and proceeding along the property of Rachel Lequita Stinson, heirs the following
courses and distances:
S36°30'05"E for 160.59' to a 5/8" rebar;
thence S78°36'46"E for 98.93' to a 5/8" rebar and then S51°00'21"E for 296.93' to a point;
Thence turning and proceeding along Sunny Pines Place in a direction of S51°19'02"E for 32.38' to
a 5/8" rebar;
Thence turning and proceeding along the property of Lieburn Ralph & Wife Shelby F. Strickland,
life estate the following courses and distances:
S61°13'35"W for 110.02' to a 5/8" rebar and then S10°40'25"E for 263.83' to a 5/8" rebar;
Thence turning and proceeding along the property of Lieburn Ralph & Wife Shelby F. Strickland,
the following courses and distances:
S19°18'27"W for 247.34' to a 5/8" rebar;
thence S32°47'14"E for 392.44' to a 5/8" rebar;
thence S18°29'55"W for 210.22' to a 5/8" rebar;
thence S84°18'17"E for 304.67' to a 5/8" rebar;
thence S86°16'46"E for 362.22' to a 5/8" rebar;
thence S55°01'33"E for 168.64' to a 5/8" rebar on the western right-of-way of John Hall Road, this
being the point of beginning.
This parcel contains 45.915 acres or 2,000,038 square feet.