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North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: '/John Hennessy, NCDWQ
Jean Manuele, USACE
LeiLani Paugh, NCDOT
FROM: Joe Mickey, NCWRC Stream Restoration Coordinator taw--?
Jim Wasseen, Stream Restoration Technician
DATE: June 27, 2005
SUBJECT: Miller Mitigation Site 2005 Monitoring Report for Meat Camp Creek
We are pleased to submit the Miller et al. mitigation site monitoring report for 2005 for
your review and files. This report is submitted as partial fulfillment of the North Carolina
Department of Transportation and North Carolina Wildlife Resources mitigation agreement for
Transportation Improvement Project R-529 BA, BB, BD, US 421 in Watauga County. This
stream mitigation work was authorized under U.S. Army Corps of Engineers permit number
199707161 and N.C. Division of Water Quality permit number 970616.
If you have questions or concerns about this monitoring report, please do not hesitate to
contact me at 336/527-1547 or 1549.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
2005 Monitoring Report for the Miller et al.
Mitigation Site on Meat Camp Creek, Watauga
County
Prepared for the
North Carolina Department of Transportation Stream Mitigation
Program
Transportation Improvement Project R-529
Joseph H. Mickey, Jr.
James A. Wasseen II
North Carolina Wildlife Resources Commission
Division of Inland Fisheries
2005
This 2005 monitoring report is submitted as partial fulfillment of the off-site stream
mitigation agreement between the North Carolina Department of Transportation (DOT) and
North Carolina Wildlife Resources Commission (WRC) for the R-529 US 421 road improvement
project in Watauga County. Under this agreement, a total of 14,814 linear feet of stream
mitigation is required by the United States Army Corps of Engineers (USACE) and 7,407 linear
feet of mitigation is required by the North Carolina Division of Water Quality (DWQ). The
purpose of this report is to summarize the 2005 monitoring data collected from 652 linear feet of
Meat Camp Creek located on the Miller et al. property, Watauga County (Figure 1). Mickey and
Scott (2002) described pre-construction survey methods, site conditions, and project objectives.
The 2005 monitoring data is compared with the 2003 as-built report (Mickey and Hining 2003a)
and 2003 monitoring report (Mickey and Hining 2003b).
Repairs
Streambank stabilization work at the Miller et al. mitigation site on Meat Camp Creek was
completed on September 23, 2002. Since completion of the project, an as-built survey report
(Mickey and Hining 2003a) and one monitoring report (Mickey and Hining 2003b) have been
submitted to the DWQ and USACE. At the time of the 2003 monitoring report, all work was
reported to be stable and functioning as designed. However, following the submittal of the 2003
monitoring report, a storm event on November 19, 2003 caused major bank failure between
stations 3+10 to 3+55 (45 linear feet) and containing reference cross-section 3+37. Local
landowners noted that the re-constructed streambank at this location was functioning as planned
as floodwaters neared the top of the bank. However, during the storm an upstream culvert
became blocked. When this temporary dam broke, a "wall of water" could be heard and then
seen coming down Meat Camp Creek, covering both the state maintained road and adjacent
floodplain at the site. This "wall of water" caused the failure of the left streambank (Appendix
1). The flood also damaged 34 feet of the right streambank at stations 5+00 to 5+34. Repairs
were made to these sites on July 13, 2004. However, they were not completed as planned due to
circumstances beyond our control to have large boulders delivered to the site. We planned to
return at a later date to complete the repairs. Unfortunately, before the final repairs could be
made utilizing large boulders, the site experienced hurricane floods on September 8, 13, and 27,
2004. These floods caused additional damage to the site (Appendices 1 and 2). Final repairs
were made to the site on November 19, 2004. These repairs included reshaping the damaged
bank and adding three rock vanes and one rock cross-vane from station 3+10 to 3+55.
Additional repairs requiring the repositioning or addition of large boulders also required at
stations 4+15 to 4+90 (Appendices 1 and 2).
Monitoring
The 2005 monitoring survey was completed on March 30, 2005. The 2005 data is compared
with data from the 2003 monitoring report (Mickey and Hining 2003b). A monitoring survey
was not conducted in 2004 because hurricane-caused damage had not been repaired.
Longitudinal Profile
The 2005 longitudinal profile revealed some changes in the channel thalweg (Figure 2). The
pool at station 0+22 deepened 1.12 ft and the pool at station 1+73 aggraded 1.24 ft and is now a
run. There has also been some channel aggradation (0.2 ft - 0.5 ft) from stations 1+85 to 2+89.
The pool at station 3+76 increased in depth by 2.78 ft and the pool at station 4+97 increased in
depth by 0.32 ft from the 2003 monitoring survey. These thalweg changes are due to the three
hurricane storms that occurred on September 8, 13, and 27, 2004. From stations 4+45 to 4+89,
the thalweg increased in maximum depth by 0.83 ft. The increase in depth at this location is a
direct result of the repair work to rock vanes that occurred in this area on November 19, 2004.
Cross-sect ions
Five cross-sections are monitored at the site. Cross-sections showed some adjustments
following the September, 8, 13, and 27, 2004 hurricanes and November 19, 2004 repairs when
compared with the 2003 monitoring survey (Figure 3). As a result of the hurricanes, cross-
section 1+73 has aggraded 1.24 ft and the stream feature has changed from a pool to a run. The
streambank at cross-section 3+37 received the most damage from the September 2004 hurricanes
and required major repairs (Figure 3.2, Appendix 1). The thalweg at pool cross-section 3+66
increased 0.39 ft in depth. (Figure 3.3). The thalweg depth at cross-section 4+74 increased 0.83
ft (Figure 3.4). This is a direct result of repair work that occurred at this site on November 19,
2004. During repairs, the left bank point bar at cross-section 4+74 from stations 0+30 to 0+46
was lowered approximately 1.2 ft. Materials from the point bar were used to rebuild the right
bank after the September 2004 hurricanes. This point bar should increase in height over a period
of time following future bankfull events. Cross-section 4+97 showed slight increase in depth of,
0.32 ft compared to the depth found during the 2003 monitoring survey (Figure 3.5).
Substrate
The pre-construction and as-built riffle pebble counts reveled D50's of 45.0 mm and 46.6 mm
(coarse gravel) (Mickey and Hining 2003a, 2003b). The 2003 monitoring pebble count D50 was
37.2 mm (Mickey and Hining 2003b whereas the 2005 weighted and riffle D50,S were 33.0 mm
and 32.0 mm. While the 2005 monitoring D50 pebble size was slightly smaller than the post and
as-built D50s, it is still in the coarse gravel range.
Riparian Improvements
A total of 177 live stakes and bare root nursery trees were planted on March 17, 2003 (Table
1). Plantings included tag alder Alnus serrulata, silky dogwood Cornus amnomum, silky willow
Salix sericea, black walnut Juglans nigra, and black locust Robina pseudoacacia. Asa result of
the September 2004 hurricanes and following the November 19, 2004 repairs, disturbed
streambanks were replanted with 30 silky willow live stakes and 25 tag alder (Table 1). A
vegetation count was not conducted for this monitoring survey report because the plants were
still dormant and difficult to identify. A vegetation count will be conducted during spring 2005
the results included in the 2006 monitoring report.
2
Livestock Exclusion
The livestock management program includes two water tanks and fencing to exclude them
from the riparian zone. Following the September 2004 hurricanes, repairs had to be made to a
section of fencing from stations 3+10 to 3+45 along Meat Camp Creek and to one watering tank
outlet pipe. The fencing and watering tank are now functioning properly.
Bankf ill rain events
Bankfull rain events are monitored through review of the United States Geological Survey's
South Fork New River gage (03161000) near Jefferson, North Carolina, and by personal
observations of bankfull stage stakes placed on site. Since completion of the as-built survey
(Mickey and Hining 2003a) there have been ten bankfull or greater than bankfull events at the
site (Table 2). It should be noted that the period from fall 2002 through fall 2003 was an
unusually wet period. Of the seven bankfull events that occurred during this time, the thunder
storm on November 19, and hurricane storms on September 2, 13, and 27, 2004 were the most
severe, causing damage to the site (Figure 3.2, Appendix 1). The November 19, 2003 storm
dropped 6 inches of rain in less than 8 hours on the site (personal communication, landowner).
Conclusion
Since completion of the project on September 23, 2002, the Miller et al. mitigation site on
Meat Camp Creek had remained stable until the November 19, 2003 flood and September 8, 13,
27, 2004 hurricanes. As a result of these floods, some damage occurred to streambanks, most
notably at stations 3+10 to 3+55 and 4+45 to 4+89. Repairs were completed on November 19,
2004 and the 2005 monitoring survey documents the impacts of the hurricanes and repairs to this
site. Streambanks have been returned to stable condition and in-stream structures are functioning
as designed. The 2006 monitoring survey will determine if the repairs made to this site are
stable.
References
Mickey, J. H. and S. S. Hining. 2003. As-built report for the Meat Camp Creek mitigation site,
Watauga County. North Carolina Wildlife Resources Commission, Raleigh.
Mickey, J. H. and S. S. Hining. 2003. 2003 monitoring report for the Miller et al. mitigation
site on Meat Camp Creek, Watauga County. North Carolina Wildlife Resources
Commission, Raleigh.
Mickey, J. H. and S. Scott. 2002. Stream restoration plan, Miller site, Meat Camp Creek,
Watauga County. North Carolina Wildlife Resources Commission, Raleigh.
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FIGURE 3. Comparison of the 2003 as-built, 2003, and 2005 monitoring cross-sections, Miller et
al. mitigation site, Meat Camp Creek, New River basin, Watauga County.
fpa = flood prone area, bkf = bankfull
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TABLE 1. Plantings along Meat Camp Creek at the Miller et al. site, Watauga County, March 12,
2003 and November 19, 2005.
Number planted
Scientific name Common name 2003 2005
Salix sericea Silky willow 136 30 j
Robina pseudoacacia Black locust 26
Juglans nigra Black walnut 5
Alnus serrulata Tag alder 10 25
Total 177 55 =232
Table 2. Monitoring of inner berm and bankfull events in the South Fork New River watershed
from the United States Geological Survey gage number 03161000 near Jefferson, Ashe County,
North Carolina.
Date Gage height (ft) Flows (cfs) Comments
2/22-23/03 5.0 2,250 Gage quit working
3/16/03 4.4 1,725 Inner berm event
4/10/03 5.4 2,819 Bankfull event
4/18/03 5.6 3,200 Bankfull event
6/7/03 4.1 1,820 Inner berm event
6/17/03 4.7 2,000 Bankfull event
8/9/03 4.2 1,450 Inner berm event
8/10/03 4.1 1,400 Inner berm event
11/19/038 5.4 1,880 Bankfull event
2/7/04 4.8 2,080 Bankfull event
9/2/04 11.7 14,700 Bankfull event (hurricane)
9/13/04 8.6 7,550 Bankfull event (hurricane)
9/28/04 6.3 3,820 Bankfull event (hurricane)
were in excess 6 inches and this event caused damage to

12

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• Appendix 1: Photographs of damage and repairs to stations 3+10 to 3+55 at the Miller et al.
mitigation site on Meat Camp Creek, New River drainage, Watauga County. November 19,
2003 -November 19, 2004.
• Appendix 2: Photographs of September 8, 13, 27, 2004 hurricane damage from stations 4+15 to
4+90 at the Miller et al. mitigation site on Meat Camp Creek, New River drainage, Watauga
County. This site was repaired on November 19, 2004.
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PROGRAM
October 3, 2005
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: North Carolina Wildlife Resources Commission (NCWRC) Stream
Mitigation Projects:
TIP Number A-10 C/D, US 19/23 Widening, Madison County,
French Broad River Basin, CU 06010105
TIP Number R-242013, University Boulevard Improvements,
Mecklenburg County, Catawba River Basin, CU 03050103
TIP Number R-529 BA/BB/BD, US 421 Widening, Watauga
County, New River Basin, CU 05050001
TIP Number R-2239B, US 421 Widening, Wilkes County, Yadkin
River Basin, CU 03040101
TIP Number R-2123 AC/BB/CC, Charlotte Outer Loop (1-485),
Mecklenburg County, Yadkin River Basin, CU 03040105
The purpose of this letter is to provide notification and confirmation that the
Ecosystem Enhancement Program (EEP) will accept responsibility for the NCWRC
stream mitigation projects associated with the above listed projects. Also, EEP will agree
to provide the unmet stream mitigation required to offset impacts associated with TIP
Numbers A-10 C/D, R-529 BABB/DB, and R-2420B. It has not been determined at this
time whether the EEP will enter into an agreement with the NCWRC to continue these
projects or pursue new mitigation projects. EEP may elect to continue these projects and
the additional required stream mitigation through another mitigation procurement
method.
Rest riC tc/... Nc6 NR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
The North Carolina Department of Transportation (NCDOT) entered into several
Reimbursement Agreements (RAs) and supplemental RAs with the NCWRC for stream
mitigation to offset the stream impacts associated with the above referenced five (5) TIP
projects. As per the Memorandum of Agreement between the U. S. Army Corps of
Engineers (USACE), N. C. Department of Environment and Natural Resources, and N. C.
Department of Transportation (Tri-Party MCA) executed on July 22, 2003, the NCDOT
agreed to transfer all off-site mitigation projects to the EEP for management and, in some
cases, continuation of various mitigation activities. Under that agreement and in a letter
dated July 25, 2005, the NCDOT requested these stream mitigation projects initiated by
the NCWRC be transferred from the NCDOT to EEP for continuation of the mitigation
activities as well as provide the additional stream mitigation currently not completed by
the NCWRC.
EEP staff have reviewed the information provided by the NCDOT in the July 25,
2005 submittal and has determined that additional information is required before these
stream mitigation projects can be accepted and transferred. This information is required
in order to determine exactly what the stream mitigation requirements were for the above
referenced TIP projects and what the additional stream mitigation requirements are, if
any. Specifically, EEP requests the following information for all five agreements
between the NCDOT and NCWRC:
• copies of all issued 404 and 401 permits for which NCWRC was responsible
for providing the stream mitigation,
• copies of all executed agreements and supplemental agreements between the
NCDOT and NCWRC (see below for more details),
• copies of all mitigation plans associated with individual projects under each
executed agreement,
• copies of any monitoring report prepared for individual projects under each
executed agreement,
• information regarding the five potential sites included on the
"NCDOT/NCWRC Project Status (August 2005)", status of property owner
negotiations, and property owner contacts.
The EEP has reviewed all copies of executed agreements between the NCDOT
and NCWRC that were provided; however, after review, it appears that at least two
supplemental agreements may be missing for TIP Numbers A-10 C/D and R-529
BA/BB/BD. According to the NCWRC summary report, the NCDOT required the
NCWRC to implement a total of 26,345 feet of trout stream enhancement for TIP A-10
C/D; however, EEP has copies of executed agreements that total 25,433 feet of trout
stream enhancement. Also, EEP has copies of executed agreements that total 14,814 feet
of stream enhancement; however, NCWRC indicates a total of 16,651 feet of stream
enhancement was required.
There appear to be discrepancies related to TIP R-2420B in regards to the stream
mitigation requirements and the location of the project. After review of the
documentation provided, EEP is uncertain if the stream mitigation requirements were 903
linear feet of stream enhancement or 903 stream credits. Also, according to your letter
dated August 24, 2005, this project is located in CU 03050103 of the Catawba River
Basin; however, the executed agreement indicates that stream mitigation must be
conducted in the Goose Creek watershed of the Yadkin River Basin. EEP needs
clarification of exactly what are the stream mitigation requirements for this project (i.e.,
are the requirements 903 feet stream mitigation or 903 stream mitigation credits) and
verification of the river basin and cataloging unit of the project's location.
In addition, there is a discrepancy between the NCDOT letter dated August 24,
2005, and the USACE letter dated August 8, 2005 regarding the amount of stream
mitigation remaining for TIP Number A-10 C/D. The USACE letter states, "A total of
11,665 linear feet of stream mitigation is still needed" and the NCDOT letter indicates
9,437 feet of stream mitigation is required. EEP will need verification from the USACE
and/or NCDOT as to the remaining amount of stream mitigation required for this project,
as well as for the other two TIP projects (R-529 BA/BB/BD and R-242013) that have
outstanding stream mitigation needs. Also, the NCDENR-EEP and USACE need to
discuss and agree upon a reasonable timeframe for which the additional stream mitigation
will be required. These types of additional mitigation requests were not addressed in the
Tri-Party MOA.
The outstanding mitigation needs associated with the subject projects were not
included in the EEP's 2005-2006 Biennial Budget that was approved by the NCDOT in
June 2005. Monetary compensation will be needed for the additional stream mitigation
required for these projects. Upon receipt of an accurate accounting of the outstanding
stream mitigation need, EEP will determine the amount of additional funding needed and
convey that information to the NCDOT.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
illiam Gilmore, P.E.
EEP Director
cc: Mr. Scott McLendon, USACE-Wilmington
Mr. Steve Lund, USACE-Asheville
Mr. John Thomas, USACE-Raleigh
Mr. Eric Alsmeyer, USACE-Raleigh
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
Ms. Shannon Deaton, NCWRC-Raleigh
Mr. Randy Griffin, Jr., NCDOT-PDEA
File
s.w STAR, _
7
JI.4 2 u 1997
STATF OF NORTH CAROLINA
DEPAPUMENT OF TRANSPORTATION
JAMES B. HuNh JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GuvF.RNOR P.O. BOX 25201. RALEIGIi. N.C. 27611-5201 SECRF-TARY
July 22, 1997
MEMORANDUM TO: Steve Lund, COE
Cyndi Bell, DWQ
Ron Linville, DWQ
Joe Mickey, N C W RC
David Cox, NCWRC
Mark Cantrell, USFWS
Marshall Clawson, Hydraulics
FROM: Lindsey Riddick
Planning and Environmental Branch
SUBJECT: Watauga County, US 421 from South Fork New River
in Boone to the Blue Ridge Parkway in Deep Gap. TIP No.
R-529BA/BB.
There will be a field review meeting to discuss impacts resulting from construction of the
subject project. We will meet at the rest area located on US 421 just West of the US 421
crossing of the Blue Ridge Parkway between Deep Gap and Boone at 9:00 a.m. on
Tuesday, August 19, 1997. A map showing the location of the meeting site is included
for your convenience.
Thank you for your continued assistance with this project. If anyone has any questions,
please contact me at [phone], extension 315.
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N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
W ATAUGA COUNTY
PROJECT: 8.T750603 ( 8-0529 BA)
US421 FROM WEST OF SOUTH FOR
OF THE NEW RIVER TO 0.3811,[
EAST OF SR1557
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0 North Carolina Wildlife Resources Commission 0
Charles K.1"ullwood, FXccutive Director
MEMORANDUM
TO: Cynthia Van Der Wiele, NCDWQ
Jean Manuele, USCOE
Lindsey Riddick, NCDOT
FROM: Joe MickeY and Staci Hining, NCWRC Stream Mitigation Program
DATE: January 9, 2004
SUBJECT: Miller et al. 2003 Monitoring Report for Meat Camp Creek, Watuaga County
We are pleased to submit the Miller et al. mitigation site first year monitoring report for 2003 for
your review and files. This report is submitted as partial fulfillment of the North Carolina
Department of Transportation and North Carolina Wildlife Resources mitigation agreement for
Transportation Improvement Project R-529 BA, BB, BD, US 421 in Watauga County. This
stream mitigation work was authorized under U. S. Army Corps of Engineers permit number
199707161 and N.C. Division of Water Quality permit number 970616.
If you have questions or concerns about this monitoring report, please do not hesitate to contact
me at 336/527-1547 or 1549.
Cc: Jim Borawa, NCWRC Watershed Enhancement Supervisor
Enclosures: 2003 Monitoring Report for the Miller et al. Mitigation Site on Meat Camp Creek,
Watauga, County
Mailing Address: Division of Inland Fisheries • 1721 Mail Service (;enter • K,ilci4;h, NC 27(,99-1721
'T'elephone: [phone] est. 281 • Pax: [phone]
[ North Carolina Wildlife Resources Commission 0
Charles K. F1111%V00d, I?;xecuMT Director
MEMORANDUM
TO: /Cynthia Van Der Wiele, NC Division of Water Quality DOT Coordinator
Jean Manuele, US Army Corps of Engineers DOT Coordinator
Lindsey Riddick, NCDOT Mitigation Coordinator, US 421 Project, R-529
FROM: Je ?ey and Staci Hining, NCWRC Stream Mitigation Program
DATE: J. nary 9, 2004
SUBJECT: As-built stream restoration plans for the Miller et al. stream mitigation site, DOT
R-529 US 421 Project, Watuaga County
'n/e are pleased to submit the Miller et al.as-built plans which summarizes 652 linear feet of stream
enhancement on Meat Camp Creek completed on September 23, 2002. The as-built survey was
completed on March 4, 2003. This site is partial fulfillment of the off-site stream mitigation agreement
between the North Carolina Department of Transportation (DOT) and North Carolina Wildlife Resources
Commission (WRC) for the R-529 US 421 road improvement project in Watuaga County. Under this
agreement, a total of 14,814 linear feet of stream mitigation is required by the United States Army Corps
of Engineers (COE) and 7,407 linear feet of mitigation for the North Carolina Division of Water Quality
(DWQ).
Also enclosed for your records are copies of signed and recorded conservation easements from five
different landowners. The DOT paid $3,460 for 0.696 acres in the conservation easement. These
easements have been recorded with the Watauga County Registry. We appreciated DOT's Division 11
Location and Survey and Right-of-Way's efforts to work with the landowners and WRC to obtain these
easement.
Thank you for your time and consideration of this as-built plan. If I can be of any further assistance,
please contact me at P. 0. Box 387, Elkin, NC 28621, phone [phone] or 1549.
cc: Jim Borawa, NCWRC Watershed Enhancement Supervisor
Enclosures: Miller et al. as-built plan
Church of Deliverance conservation easement
Baxter conservation easement
Miller conservation easement
Proffit conservation easement
Dotty/Winebarger conservation easement
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • KaIcIgIt, N(? 2 7699-1 72 1
'Telephone: [phone] cxt. 281 • Fax: ;919) 715-76- 3
As ]wilt Report for the Miller et al. Litigation
Site on Feat Camp Creelc, `'Vatauga County
Prepared for the
North Carolina Department of Transportation Stream
Mitigation Program
Transportation Improvement Project R-529
Joseph H. Mickey, Jr.
Staci S. Hining
North Carolina Wildlife Resources Commission
Division of Inland Fisheries
December 2003
This as-built plan is submitted as partial fulfillment of the off-site stream mitigation agreement
between the North Carolina Department of Transportation (DOT) and North Carolina Wildlife
Resources Commission (WRC) for the R-529 US 421 road improvement project in Watuuga
County. Under this agreement, a total of 14,814 linear feet of stream mitigation is required by the
United States Army Corps of Engineers (COE) and 7,407 linear feet of mitigation is required by
the North Carolina Division of Water Quality (DWQ). The purpose of this report is to summarize
those practices used for bank stabilization and habitat enhancement along 652 linear feet of Meat
Camp Creek located on the Miller et al. property, Watauga County (Figure 1). Mickey and Scott
(2002) described pre-construction site conditions and project objectives.
Site Improvements
Conservation Easement
In order to ensure long term protection of the site, conservation easements (CE) were signed
by five separate landowners on July 23, August 2 and 28, and September 11, 2002. A total of
0.696 acre are in the CE's (Figure 2). Right-of-way access to the easement by WRC personnel is
from SR 1335 (Meat Camp Road) and SR 1339 (Hopewell Church Road) at the northern end of
the project. The CE's are perpetual and are held by the WRC. Copies of the CE and survey plat
are attached to this report as a separate item for DWQ, COE and DOT files.
Channel Modifications
Construction was carried out through an informal contract with A&E Construction, Lansing,
NC. The contractor provided a dump truck and trackhoe with hydraulic thumb. Access to the
site was through a temporary construction access from SR 1335 (Meat Camp Road) and the
Church of Deliverance parking lot. Work began on September 17 and was completed on
September 23, 2002.
Two rock weirs, 11 rock vanes, and 1 log vane were installed to prevent stream headcutting,
bank erosion, and create or maintain pool habitat (Table 1). Large footer rocks support top
boulders in the weirs and vanes. Holes were dug below the weir apex to accelerate and maintain
pool formation by stream water velocities. Excess streambed materials were excavated at rock
weirs and rock vanes and placed upstream of the structure near the bank where natural deposition
would be expected. Rock vanes were used to divert water away from eroding banks and for
habitat diversity. The streambank was sloped to the top of the bank and vegetated. On disturbed
banks, erosion control fabric was installed to provide temporary bank protection until vegetation
could be established.
The post-construction as-built survey was completed on March 4, 2003 and included five
channel cross-sections, a longitudinal profile, and pebble counts. The post-construction
longitudinal profile shows how the project increased pool and deep-water habitat (Figure 3). Pool
habitat was increased from 21% to 31%. The scour action of rock weirs and rock and log vanes
can be observed from the as-built profile (Figure 3). These structures are creating deep-water
aquatic habitat and sorting bed material in a way that will provide gravel required for fish
spawning. The five cross-sections will be used to monitor long-term channel stability (Figure 4.1
4.5). The pre-construction and post construction riffle D 50's were 45.0 mm and 46.6 mm (coarse
gravel) (Figure 5). Slope at this location is 0.016 percent and sinuosity is 1.1 (Mickey and Scott,
2001). Based on entrenchment ratios (2.5 - 3.0) and width/depth ratios (21.8 - 33.8) from two
riffle cross-sections (stations 3+37 and 4+74), Meat Camp Creek at this location is classified as a
Cob stream type (Rosgen 1996). The goal of stabilizing the stream channel, while maintaining a
Cob stream type at this location was achieved.
Riparian Improvements
During construction, sod mats salvaged from the site were used to provide instant bank
stability and long-term erosion control. Sod mats had the advantage of containing an established
seed mix. On sites where sod mats were not used, the area was seeded with a WRC native
riparian mix and cover crop of winter wheat and rye. After seeding, an eight-foot wide straw
erosion control blanket was used to cover the soil. These blankets were used to stabilize the soil
surface until a vegetative cover could be achieved and to contribute to soil stability after
vegetation becomes established. As the straw blankets decompose over a 2-year period,
permanent vegetation should be well established.
A total of 177 live stakes and bare root nursery trees plant were planted on March 17, 2003
(Table 2). Plantings included tag alder Ahms serrulata, silky dogwood Corrals anlonrlnrl, silky
willow Salix sericea, black walnut Juglans nigra, and black locust Robina pseudoacacia . Based
on DWQ planting guidelines, a total of 224 trees should have been planted on the 0.698 acre site.
However, fewer plantings were required because of existing stands of mature trees along some
sections of the stream (Figures 4.1 - 4.5).
One of the objectives of the project was to do a one-time treatment of multiflora rose.
Multiflora rose was sprayed with roundup and/or removed by the track hoe during construction.
Spot treatments of this invasive plant may be necessary at a later date.
Livestock Exclusion
in order for any stream restoration/enhancement project to be a success, livestock must be
excluded from the recent construction area and riparian zone and an alternate watering source
provided. This was accomplished by installation of two spring reservoirs and two gravity flow
watering tanks. Mr. Derick Goddard, Cost Share Technician with the Watauga County Soil and
Water Conservation District (WCSWCD), supervised construction of the livestock exclusion plan
for the site (Figure 6).
Project Costs
The WRC project cost for stream enhancement work was $28,903.41 or $44.47 per linear
foot of stream enhancement (Table 3). Project cost includes: administrative cost; meetings with
the landowner, NCDOT and NRCS personnel; field survey work; preparation of project
conceptual design; construction and as-built plans; tree purchase and planting; erosion control
materials (seed, fertilizer, fabric); construction and livestock exclusion contracts; and WRC
personnel costs. Taking into account NCDOT Location and Survey and Right of Way personnel
expenses ($3,500) and CE costs ($3,460), the project cost a total of $35,863.41 or $55.17 per
foot (Table 3). Long term monitoring and repair costs will be added to the total as needed during
the five-year monitoring period.
Summary
Using natural stream design techniques, stream dimension and profile was improved at this
site. Water quality will be improved through reduced sedimentation from eroding banks and
exclusion of livestock from the riparian zone. In-stream habitat for fish and aquatic invertebrates
has been increased with the installation of rock weirs, rock and log vanes, and root wads. Both
aquatic and terrestrial species will benefit with the return of a functioning riparian corridor.
Stream aesthetics have also been improved.
References
Mickey, J. H. and S. Scott. 2002. Stream restoration plan, Miller site, Meat Camp Creek,
Watuaga County. North Carolina Wildlife Resources Commission, Raleigh.
Rosgen, D. L. 1996. Applied river morphology. Printed Media Companies, Minneapolis,
Minnesota.

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FIduRE 4.-Five cross-sections at the Miller et al. Meat Camp Creek mitigation site, Watauga County, March
2003. Figures 4.1, 4.3, 4.4 and 4.5 were surveyed from left to right bank looking downstream; pictures were taken
looking upstream. Picture for figures 4.2 is lined up correctly with the cross-section survey.
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TABLE 1.-Type and location of in-stream structures for the Miller et al. mitigation site on Meat
Camp Creek, Watauga County, 2002.
Structure type Longitudinal profile station number
Rock weir 1+64
Rock vane 1+89 RB1
Rock vane 2+10 RB
Rock vane 2+28 RB
Rock vane 2+89 LB2
Rock vane 3+06 LB
Rock vane 3+30 LB
Rock vane 3+51 LB
Log vane 3+97 LB
Rock vane 4+15 RB
Rock vane 4+38 RB
Rock vane 4+57 RB
Rock vane 4+70 RB
Rock weir 4+89
1 RB - right bank
z LB - left bank
TABLE 2.-Plantings at the Miller et al. mitigation site along Meat Camp Creek, Watuaga
County, March 12, 2003.
Species Scientific Name Number planted
Silky willow Salix sericea 136
Black locust Robina pseudoacaci 26
Black walnut Jvglans nigra 5
Ta alder Alin serrulata 10
TOTAL 177
15
TABLi: 3.- Summary project costs for the Miller et al. stream mitigation site along Meat Camp
Creek as of December 31, 2003, Watuaga County.
NVRC Administration S 24.96
hours S 15.54
mileage
'%VRC Pre-Planning S 3,447.87
hours
S
335.96
mileage
WRC Construction S 1,801.88
hours S 379.62
mileage
WRC As-Built
S
775.23
hours $ 144.30
mileage
WRC Tree Planting S 200.03
hours S 39.96
mileage
WRC Monitoring S _
hours S _
mileage
$ 1,766.00
Construction Contract
S 70
129129.
Construction Materials S .37
16,
Livestock Exclusion Contract S 379.59
NRCS Administrative Cost S 32.00
Tree Purchase S _
Livestalie Purchase
NVRC Overall 421 Project Administration S 1,79 { 99
hours
S
140.67
mileage
S
1,047.74
project equipment / office expenses / supplies
$ 23,903.41
WRC Total Project Cost as of 12/03
S 44.47
NVRC Cost per foot (650(1)
S 3,460.00
DOT Eascmcnt Payment S 3,500.00
DOT Location and Survey
S 35,863.41
Overall Project Cost S 55.17
Overall Cost per foot
I I I I I I II II I VIII III VIII IIIIII I III I (? I lil
20031125000332170 EASE
Bk:BR916 P g:124
11/25/2003 03:21:49PM 1/7
FILED Wanda C. Scott
Register or Deods UGA COUNTY,NC
Deputy
D
ty /?
Watauga County NC 11125/2003
State or North Carolina
Real Estate Excise Tax
Excise Tax: $1.00
r! TG403/ U1 GROUP
Al"! 1 -)
14
2004

CONSERVATION EASEMENT and
EASEMENTS OF INGRESS AND EGR S
THIS INSTRUMENT DRAWN BY ?i1'• t r't? CHECKED BY
RETURN T : Jimmy L. Caudle
Division Right of Way Agent
P.O. Box 250
North Wilkesboro, NC 28659
State of North Carolina
Watauga County
Meat Camp Township
State Project: 6.759005T
F.A. Project: N/A
Parcel No.: R-0529 WM (706WM)1D
THIS CONSERVATION EASEMENT made this 11th day of September, 2002, by and
between _Bruce Miller, Johnny Greene, and William Glen Proffit Trustees for Church of Deliverance;
hereinafter called the "Grantor(s)" and the North Carolina Wildlife Resources Commission, Division
of Inland Fisheries, 1721 Mail Service Center, Raleigh; NC 27699-1721, hereinafter called the
"WRC," and administered by the North Carolina Department of Transportation, hereinafter called
the "NCDOT," provides the following:
WITNESSETH
WHEREAS, the Grantor is the sole owner in fee simple of certain real property in Meat
Camp Township of Watauga County, North Carolina, as more particularly described in Book 170,
Page 428 of the Watauga County Registry, North Carolina, which land is hereinafter referred to as
"the Property'; `
WHEREAS, the NCDOT is an agency of the State of North Carolina whose purpose
includes the construction of transportation projects for public use and who has the authority to
acquire land for the purpose of mitigating environmental impacts of these transportation projects;
WHEREAS, the NCDOT desires to restore 145.64 feet of stream in Watauga County on the
said Property through the WRC:
WHEREAS, the WRC is an agency of the State of North Carolina whose purposes include
the restoration and conservation of open space and streams for stream mitigation purposes; is
authorized by the laws of the State of North Carolina to accept, hold and administer conservation
easements; and who has the authority to accept and is willing to accept this Conservation Easement
from the Grantor under the terms and conditions hereinafter described;
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over 0.030
acres of the Property (the Conservation Easement Area), thereby restricting and limiting the use of
land within the Conservation Easement Area to the terms and conditions and for the purposes
hereinafter set forth;
WHEREAS, the Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S.
§ 121-34 et. seq., provides for the enforceability of restrictions, easements, covenants or conditions
appropriate to retaining land or water areas predominantly in their natural, scenic or open condition
or in agricultural, horticultural, farming or forest use;
WHEREAS, the NCDOT, under a Section 404 permit granted by the U. S. Army Corps of
Engineers (USACE), must conduct certain off-site trout stream enhancement to mitigate for impacts
to trout streams resulting from the construction of US 421 from South Fork New River to East of the
Blue Ridge Parkwav (R-0529 BA R-0529 BB & R-0529 BD);
WHEREAS, the NCDOT has entered into an agreement with the WRC to reimburse them
200311250003321r7?0 EASE
for conducting the mitigation activities; 11/125/82003 0321 c 9P1 2/7
WHEREAS, the USACE has reviewed and approved the use of the Conservation Easement
on the Property to mitigate for the stream impacts, and such will satisfy the said permit conditions
after the completion of the stream monitoring period;
WHEREAS, the purposes of this Conservation Easement are to protect the mitigation
activities performed by the WRC, to preserve and protect the conservation values of the
Conservation Easement Area, to prevent any use of the Conservation Easement Area that will
significantly impair or interfere with these purposes, and to maintain permanently the dominant
woodland, scenic and natural character of the Conservation Easement Area designated on the
Property as hereinafter described.
NOW THEREFORE, in consideration of the sum of $400.00 (Four Hundred Dollars) and
other valuable considerations to the Grantor in hand paid by the NCDOT, the receipt of which is
hereby acknowledged, and in further consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, the Grantor hereby grants and conveys unto the WRC and its
successors or assigns forever and in perpetuity a Conservation Easement, pursuant to the USACE
Section 404 permit requirements, of the nature and character and to the extent hereinafter set forth,
in respect to the land of the grantor situated in Watauga County, North Carolina, as described in
Exhibit A, and hereinafter referred to as the "Conservation Easement Area". For a plat of the above
described Conservation Easement, please see plat titled "Conservation Easement' recorded in Plat
Book 016, Page 220 of the Watauga County Registry.
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set forth:
ARTICLE I. DURATION OF EASEMENTS; ACCESS
A. Conservation Easement. This Conservation Easement shall be perpetual. It is an
easement in gross, runs with the land and is enforceable by the WRC or its successors and/or
assigns against the Grantor(s), Grantor(s) heirs, devisees, successors and assigns, lessees, agents
and licensees.
B. Public Access. The easement rights granted herein do not include public access rights.
However, the public has the right to view the Conservation Easement Area from any adjacent
publicly accessible area.
ARTICLE II. PROHIBITED, RESTRICTED AND RESERVED ACTIVITIES
Any activity on, or use of, the designated Conservation Easement Area inconsistent with the
purposes of this Conservation Easement is prohibited. Unless expressly reserved as a compatible
use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited
as inconsistent with the purposes of the Conservation Easement. The Conservation Easement Area
shall be maintained in its natural, scenic and open condition and restricted from any development
or alteration that would significantly impair or interfere with the conservation values of this
Conservation Easement Area. Any rights not expressly reserved hereunder by the Grantor have
been acquired by the WRC.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
1. Silvicultural Use and Land Clearing There may be no destruction or cutting of trees or
plants in the Conservation Easement Area, except in accordance with the Conceptual
Restoration Plan, attached hereto as Exhibit B, or upon written approval of the WRC.
2. 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.
3. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other material,
and no change in the topography of the land in any manner on the Conservation Easement
Area nor shall there be any activities conducted on the Conservation Easement Area or on
adjacent property if owned by the Grantor and their successors which would cause erosion
or siltation on the Conservation Easement Area.
4. Grantor's Rights. The Grantor, for themselves, their successors, assigns, invitees and
licensees, hereby reserves the right to quiet enjoyment of the Conservation Easement Area;
the right of ingress and egress to the Conservation Easement Area and all adjacent property
of the Grantor; and the right to sell, transfer, gift or otherwise convey the Conservation
Easement Area, in whole, provided such sale, transfer or gift conveyance is subject to the
terms of this Conservation Easement and written notice is provided to the WRC in
accordance with the provisions herein below.
2
5. W RC's Rights. The WRC reserves the right to use the Conservation Easement Area in
any way necessary, consistent with the terms herein, to undertake any activities to protect, N? W
restore, manage, maintain, or enhance stream functional values, and monitor the restoration N•• --
NwN
resources, as described in the Conceptual Restoration Plan Exhibit B) for the Conservation ono
Easement Area, in order to mitigate for impacts to streams resulting from road construction. ©?, W
These mitigation activities include, but are not limited to, construction of new stream
?MQ -4
channels; restoration/stabilization of existing stream channels; installation of natural and • ••
man-made materials as needed to direct in-stream, above ground, and subterraneous water UN7)
:X (D in
M
flow; planting of trees, shrubs and herbaceous vegetation; collecting live cuttings; and w
utilization of heavy equipment to grade, fill, and prepare the soil. The WRC further reserves
the right to monitor the results of the mitigation activities in perpetuity and to repair or restore
any damage to the Conservation Easement Area occurring after initial completion of the
construction associated with mitigation activities.
ARTICLE III. ENFORCEMENT AND REMEDIES
Nothing contained herein shall be construed to entitle the Grantor or WRC to bring any
action against the other party for any injury or change in the Property resulting from causes beyond
the control of either party, including fire, flood, storm, war, acts of God or third parties, or from any
prudent action taken in good faith by either parry 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, in accordance hereunder.
The WRC has the right to prevent any action on or use of the Conservation Easement Area
that is inconsistent with the purpose of this Conservation Easement and to require the restoration
of such areas or features of the Conservation Easement Area that may be damaged by any
inconsistent activity or use. If the WRC determines that the Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened, WRC shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and, where
the violation involves injury to the Conservation Easement Area resulting from any use or activity
inconsistent with the purpose of this Conservation Easement, to restore the portion of the
Conservation Easement Area so injured. If Grantor fails to cure the violation within thirty (30) days
after receipt of notice thereof from WRC, or under circumstances where the violation cannot
reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the
thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, WRC may
bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this
Conservation Easement, to enjoin the violation, as necessary, by temporary or permanent injunction,
to recover any damages to which it may be entitled for violation of.the terms: of this Easement,
including damages for the loss of conservation values, and to require the restoration of the
Conservation Easement Area to the condition that existed prior to any subii injury. If the WRC, in
its sole discretion, determines that circumstances require immediate action to prevent or mitigate
significant damage to the conservation values of the Conservation Easement Area, the WRC may
pursue its remedies without prior notice to the Grantor. WRC shall exercise reasonable efforts to
notify the Grantor and shall, in any event, notify Grantor within two business days after action is
taken to explain the action undertaken.
WRC's remedies shall be cumulative and shall be in addition to any other rights and
remedies available to WRC at law or equity. Any cost incurred by WRC in enforcing the terms of
this Conservation Easement against Grantor or its successors or assigns, including, without
limitation, costs of suit and attorney's fees, and any costs of restoration necessitated by Grantor's
violation of the terms of this Conservation Easement shall be borne by Grantor.
No failure on the part of the WRC to enforce any covenant or provision hereof shall be a
waiver to discharge or invalidate such covenant or any other covenant, condition, or provision hereof
or affect the right of WRC to enforce the same in the event of a subsequent breach or default.
The Grantor reserves the right to take action against the WRC for use of the Conservation
Easement Area in a way that is inconsistent with the purpose of this Conservation Easement. Any
cost incurred by Grantor in enforcing the terms of this Conservation Easement against WRC or its
successors or assigns, including, without limitation, costs of suit and attorney's fees, shall be borne
by WRC.
ARTICLE IV. MISCELLANEOUS
A. Amendments. The NCDOT, WRC and Grantor may amend this Conservation Easement;
only by a jointly executed written agreement, and provided that no amendment will be allowed that
is inconsistent with the purposes stated herein, and provided that it is approved by the USACE.
B. Exhibits. The attached Exhibit A, Exhibit B and Plat recorded in Plat Book 016, Page 220
of the Watauga County Registry are incorporated in and made a part of this instrument by reference.
The parties acknowledge that the Conceptual Restoration Plan, developed by a WRC biologist and
dated June 2002 (Exhibit B), a copy of which is on file at the office of the NCDOT and the WRC, and
which is also attached hereto and incorporated herein, describes the plan for mitigation activities
in the Conservation Easement Area.
C. Title. The Grantors covenant and represent that the Grantors are the sole owner and are
seized of the Property in fee simple and have good right to grant and convey the aforesaid
Conservation Easement; that the Conservation Easement Area is free and clear of any and all
encumbrances, except easement and leases of record or in effect by prescriptive rights as of the
date hereto, and Grantors covenant that the WRC shall have the use of and enjoy all of the benefits
derived from and arising out of the aforesaid easements conveyed. The easements conveyed
herein shall run with the land and must be made part of any transfer of title by the Grantors.
D. Notification. Except as otherwise provided herein, any notices shall be sent by registered
or certified mail, return receipt requested to the parties at their addresses shown above or to other
addresses as either party establishes in writing upon notification to the other.
E. Entire Agreement. This instrument 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 said easements. If any provision is found to be invalid,
the remainder of the provisions of this Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which is found to be invalid, shall not be affected
thereby.
F. Recording. The NCDOT shall record this instrument and any amendment hereto in
timely fashion with the Office of the Register or Deeds of Watauga County, North Carolina, and may
re-record it at any time as may be required to preserve its right. under this Conservation Easement.
G. Costs and Liabilities. The Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property,
including the payment of all taxes, assessments, fees, and charges of whatever description levied
on or assessed against the property.
G. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. § 121-34, which authorizes the
creation of Conservation Easements for purposes including those set forth in the recitals herein, and
the conservation purposes of this Conservation Easement, including such purposes as are defined
in Section 170(h)(4)(A) of the Internal Revenue Code.
H. Authorized Representative. All parties agree that the NCDOT is an authorized
representative of the WRC for purposes of this Conservation Easement
J. Conservation Pur ose. The WRC, for themselves, and their Successors and assigns
agree that this Conservation Easement shall be held exclusively for conservation purposes. The
parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and
assignable, provided, however, that the WRC hereby covenants and agrees that in the event they
transfer or assign this Conservation Easement they hold under, the organization receiving the
interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal
Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder,
which is organized or operated primarily for one of the conservation purposes specified in Section
170(h)(4)(A) and section 2301 of the Internal Revenue Code, and the WRC 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 to carry out in perpetuity the conservation purposes that the contribution was
originally intended to advance, set forth in the Recitals herein.
TO HAVE AND TO HOLD the aforesaid Conservation Easement unto the NORTH
CAROLINA WILDLIFE RESOURCES COMMISSION, its successors and assigns, forever. The
rights and obligations set forth herein shall inure to and be binding upon the Grantor and the WRC,
their heirs, executors, NCDOTs, assigns and successors in title or interest.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused this
instrument to be signed in their respective names by authority duly given, the day and year first
above written.
GRANTOR(S):

nruce Ihlller, rustee for
C ur h of Deliverance
. Glic-raw - 7 c??
Johnny Gr ene Trustee for
Churcy of Deliverance
(Seal) gal)
William Glen Proffit, rustee
for Church of Deliverance'
(Seal) (Seal)
(Seal) (Seal)
4
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20031125000332170 EASE
l3k :1312916 P
: 128
q
11/25/2003 03:2:49PM 6/7
STATE OF ?? I,,, , COUNTY OF
1, Alilw,,4 A• 1 ??s a Notary Public of 4le- }L, fji 61er - County do
hereby certify that
' m ¢, ?>! JJ ii ., -7;? , is (Z. '? ,,4, )F' Q'?,? nnc?
Grantor(s), personally appeared before me this da and ac nowledged the ex cution of the foregoing
instrument. Witness my hand and official stamp or seal, this l_ day of "'" 2(702-?.
My Commission Expires: - "0-
Notary-Public

?y o
NCDOT:
ACC T FOR TMENT
OF TRANSPORTATION BY: r „?'? •
.•''
tetr\ ?R
NOV20?? ••.
name and title ASST MANAGER OF RIGHT OF WAY
NORTH CAROLINA, COUNTY OF

71K-J- a Notary Public of
?--
County do. hereby. certify fh
A.o.+?.s- of the, Ndrfhl C?roliri<<f :.
Department of Transportation, personally appeared before me this day, and acknowledged the execution of.L.-.:
the foregoing instrument. Witness my hand and official stamp or seal, this'; , r;`? _,•.d y4to;4
2001.3
0'
My Commission Expires:
' 9
Jr. Z'1, 2o
Notary Public
WRC:
/ACCEPTED FOR THE WILDLIFE RESOURCES COMMISSION BY:
name and title 1-7- 03
NORTH CAROLINA, COUNTY OF If .a
I, A240214, , j .tR? a Notary Public of 1t/ake- County do hereby d'r)ifj thgatl:
r1J??'• f???M^? ?r????? ??nt?dz? , of the North Caro lina"Wildlife
Resources Commission, personally appeared before me this day and acknowledged the executio the', .
foregoing instrument. Witness my hand and official stamp or seal this 17 da ,of
p Y1?ass.t¢o
200,3. ;;; • 4: ;
c lns+4Lt? CLtitr at d4out?oo MY Commission Expires: J g?+r?1-&vt? ?r ^1 p , 'may' _
C7(A. ?O?Ca :?
Notary Public ;•; ..,,..• ;.r;.
The foregoing Certificate(s) of , Notaries/Notary Public, is/are
certified to be correct. This instrument and this certificate are duly registered at the date and time and in the
Book and Page shown on the first page hereof. This the _ day of , 2002.
Register of Deeds For Watauga County
BY:
Deputy/Assistant Register of Deeds
5
I. Conceptual Stream Mitigation Plan (A copy of which is on file at the office of the NCDOT and
the W RC.

20031125000332170 EgSE
Bk:BR9 ?'
11/25/2003 1 p3?,,•49P0 7/7
NORTH CAROLINA - WATAUGA COUNTY
The foregoing certificate(s) of
Anthony A. Adams, Notary Public, Alexander County, NC,
is (are) certified to be correct.
This the 25 th day of November 2003.
Wanda C. Scott, Register of Deeds
BY: Aa" U-,
Deputy

::K0'178r 182
WATAUGA COUNTY NC
12
1210212002
SNORTH $1.00
CAROLINA Real Estate
E
xcise Tax

FILED
WANDA C. SCOTT f?
REGIST.":;? O DEEDS
Q2 OEC -2 P 3.38
13Y:
DEPUTY
VIATAIIGA COUNTY. !IC
CONSERVATION EASEMENT and
EASEMENTS OF INGRESS AND EGRESS
THIS INSTRUMENT DRAWN BY 6 9- G CHECKED d_?
RETUR/Division mmy L. Caudle
Right of Way Agent
.O. Box 250
North Wilkesboro, NC 28659
State of North Carolina
Watauga County
Meat Camp Township
I.D. No. R-0529 WM
State Project: 6.759005T
F.A. Project: N/A
Parcel No.: (706WM)1E
THIS CONSERVATION EASEMENT made this 23`d day of July , 2002, by and between
Janice Bryan Baxter and husband Timothy Baxter ; hereinafter called the "Grantor(s)" and
the North Carolina Wildlife Resources Commission, Division of Inland Fisheries, 1721 Mail Service
Center, Raleigh, NC 27699-1721, hereinafter called the "WRC," and administered by the North
Carolina Department of Transportation, hereinafter called the "NCDOT," provides the following:
WITNESSETH
WHEREAS, the Grantor is the sole owner in fee simple of certain real property in Meat
Camp Township of Watauga County, North Carolina, as more particularly described in Deed Book
261, Page 477 of the Watauga County Registry, North Carolina, which land is hereinafter referred
to as "the Property";
WHEREAS, the NCDOT is an agency of the State of North Carolina whose purpose
includes the construction of transportation projects for public use and who has the authority to
acquire land for the purpose of mitigating environmental impacts of these transportation projects;
WHEREAS, the NCDOT desires to restore 109.92 feet of stream in Watauga County on the
said Property through the WRC:
WHEREAS, the WRC is an agency of the State of North Carolina whose purposes include
the restoration and conservation of open space and streams for stream mitigation purposes; is
authorized by the laws of the State of North Carolina to accept, hold and administer conservation
easements; and who has the authority to accept and is willing to accept this Conservation Easement
from the Grantor under the terms and conditions hereinafter described;
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over 0.059
acres of the Property (the Conservation Easement Area), thereby restricting and limiting the use of
land within the Conservation Easement Area to the terms and conditions and for the purposes
hereinafter set forth;
WHEREAS, the Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S.
§ 121-34 et. seq., provides for the enforceability of restrictions, easements, covenants or conditions
appropriate to retaining land or water areas predominantly in their natural, scenic or open condition
or in agricultural, horticultural, farming or forest use;
WHEREAS, the NCDOT, under a Section 404 permit granted by the U. S. Army Corps of
Engineers (USACE), must conduct certain off-site trout stream enhancement to mitigate for impacts
to trout streams resulting from the construction of US 421 from South Fork New River to East of the
Blue Ridge Parkway (R-0529 BA, R-0529 BB & R-0529 BD);
WHEREAS, the NCDOT has entered into an agreement with the WRC to reimburse them
for conducting the mitigation activities; :3K 0 7 7 8 PC 18 8
WHEREAS, the USACE has reviewed and approved the use of the Conservation Easement
on the Property to mitigate for the stream impacts, and such will satisfy the said permit conditions
after the completion of the stream monitoring period;
WHEREAS, the purposes of this Conservation Easement are to protect the mitigation
activities performed by the WRC, to preserve and protect the conservation values of the
Conservation Easement Area, to prevent any use of.the Conservation Easement Area that will
significantly impair or interfere with these purposes, and to maintain permanently the dominant
woodland, scenic and natural character of the Conservation Easement Area designated on the
Property as hereinafter described.
NOW THEREFORE, in consideration of the sum of $295.00 (Two Hundred and Ninety Five
Dollars and other valuable considerations to the Grantor in hand paid by the NCDOT, the receipt
of which is hereby acknowledged, and in further consideration of the mutual covenants, terms,
conditions, and restrictions hereinafter set forth, the Grantor hereby grants and conveys unto the
WRC and its successors or assigns forever and in perpetuity a Conservation Easement, pursuant
to the USACE Section 404 permit requirements, of the nature and character and to the extent
hereinafter set forth, in respect to the land of the grantor situated in Watauga County, North
Carolina, as described in Exhibit A, and hereinafter referred to as the "Conservation Easement
Area". For a plat of the above described Conservation Easement, please see plat titled
"Conservation Easement" recorded in Plat Book 016, Page 220 of the Watauga County Registry.
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set forth:
ARTICLE I. DURATION OF EASEMENTS; ACCESS
A. Conservation Easement. This Conservation Easement shall be perpetual. It is an
easement in gross, runs with the land and is enforceable by the WRC or its successors and/or
assigns against the Grantor(s), Grantor(s) heirs, devisees, successors and assigns, lessees, agents
and licensees.
B. Public Access. The easement rights granted herein do not include public access rights.
However, the public has the right to view the Conservation Easement Area from any adjacent
publicly accessible area.
ARTICLE II. PROHIBITED, RESTRICTED AND RESERVED ACTIVITIES
Any activity on, or use of, the designated Conservation Easement Area inconsistent with the
purposes of this Conservation Easement is prohibited. Unless expressly reserved.as a compatible
use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited
as inconsistent with the purposes of the Conservation Easement. The Conservation Easement Area
shall be maintained in its natural, scenic and open condition and restricted from any development
or alteration that would significantly impair or interfere with the conservation values of this
Conservation Easement Area. Any rights not expressly reserved hereunder by the Grantor have
been acquired by the WRC.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
1. Silvicultural Use and Land Clearing. There may be no destruction or cutting of trees or
plants in the Conservation Easement Area, except in accordance with the Conceptual
Restoration Plan, attached hereto as Exhibit B, or upon written approval of the WRC.
2. 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.
3. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other material,
and no change in the topography of the land in any manner on the Conservation Easement
Area nor shall there be any activities conducted on the Conservation Easement Area or on
adjacent property if owned by the Grantor and their successors which would cause erosion
or siltation on the Conservation Easement Area.
4. Grantor's Rights. The Grantor, for themselves, their successors, assigns, invitees and
licensees, hereby reserves the right to quiet enjoyment of the Conservation Easement Area;
the right of ingress and egress to the Conservation Easement Area and all adjacent property
of the Grantor; and the right to sell, transfer, gift or otherwise convey the Conservation
Easement Area, in whole, provided such sale, transfer or gift conveyance is subject to the
terms of this Conservation Easement and written notice is provided to the WRC in
2
?r;o'?7no F G ' 18'1
accordance with the provisions herein below.
5. WRC's Ri hts. The WRC reserves the right to use the Conservation Easement Area in
any way necessary, consistent with the terms herein, to undertake any activities to protect,
restore, manage, maintain, or enhance stream functional values, and monitor the restoration
resources, as described in the Conceptual Restoration Plan Exhibit B) for the Conservation
Easement Area, in order to mitigate for impacts to streams resulting from road construction.
These mitigation activities include, but are not limited to, construction of new stream
channels; restoration/stabilization of existing stream channels; installation of natural and
man-made materials as needed to direct in-stream, above ground, and subterraneous water
flow; planting of trees, shrubs and herbaceous vegetation; collecting live cuttings; and
utilization of heavy equipment to grade, fill, and prepare the soil. The WRC further reserves
the right to monitor the results of the mitigation activities in perpetuity and to repair or restore
any damage to the Conservation Easement Area occurring after initial completion of the
construction associated with mitigation activities.
ARTICLE Ill. ENFORCEMENT AND REMEDIES
Nothing contained herein shall be construed to entitle the Grantor or WRC to bring any
action against the other party for any injury or change in the Property resulting from causes beyond
the control of either party, including fire, flood, storm, war, acts of God or third parties, or from any
prudent action taken in good faith by either parry 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, in accordance hereunder.
The WRC has the right to prevent any action on or use of the Conservation Easement Area
that is inconsistent with the purpose of this Conservation Easement and to require the restoration
of such areas or features of the Conservation Easement Area that may be damaged by any
inconsistent activity or use. If the WRC determines that the Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened., WRC shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and, where
the violation involves injury to the Conservation Easement Area resulting from any use or activity
inconsistent with the purpose of this Conservation Easement, to restore the portion of the
Conservation Easement Area so injured. If Grantor fails to cure the violation within thirty (30) days
after receipt of notice thereof from WRC, or under circumstances where the violation cannot
reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the
thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, WRC may
bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this
Conservation Easement, to enjoin the violation, as necessary, by temporary or permanent injunction,
to recover any damages to which it may be entitled for violation of the terms of this Easement,
including damages for the loss of conservation values, and to require the restoration of the
Conservation Easement Area to the condition that existed prior to any such injury. If the WRC, in
its sole discretion, determines that circumstances require immediate action to prevent or mitigate
significant damage to the conservation values of the Conservation Easement Area, the WRC may
pursue its remedies without prior notice to the Grantor. WRC shall exercise reasonable efforts to
notify the Grantor and shall, in any event, notify Grantor within two business days after action is
taken to explain the action undertaken.
W RC's remedies shall be cumulative and shall be in addition to any other rights and
remedies available to WRC at law or equity. Any cost incurred by WRC in enforcing the terms of
this Conservation Easement against Grantor or its successors or assigns, including, without
limitation, costs of suit and attorney's fees, and any costs of restoration necessitated by Grantor's
violation of the terms of this Conservation Easement shall be borne by Grantor.
No failure on the part of the WRC to enforce any covenant or provision hereof shall be a
waiver to discharge or invalidate such covenant or any other covenant, condition, or provision hereof
or affect the right of WRC to enforce the same in the event of a subsequent breach or default.
The Grantor reserves the right to take action against the WRC for use of the Conservation
Easement Area in a way that is inconsistent with the purpose of this Conservation Easement. Any
cost incurred by Grantor in enforcing the terms of this Conservation Easement against WRC or its
successors or assigns, including, without limitation, costs of suit and attorney's fees, shall be borne
by WRC.
ARTICLE IV. MISCELLANEOUS
A. Amendments. The NCDOT, WRC and Grantor may amend this Conservation Easement;
only by a jointly executed written agreement, and provided that no amendment will be allowed that
is inconsistent with the purposes stated herein, and provided that it is approved by the USACE.
B. Exhibits. The attached Exhibit A, Exhibit B and Plat recorded in Plat Book 016, Page 220
of the Watauga County Registry are incorporated in and made a part of this instrument by reference.
3
BK07781,c 185-
The parties acknowledge that the Conceptual Restoration Plan, developed by a WRC biologist and
dated June 2002 (Exhibit B), a copy of which is on file at the office of the NCDOT and the WRC, and
which is also attached hereto and incorporated herein, describes the plan for mitigation activities
in the Conservation Easement Area.
C. Title. The Grantors covenant and represent that the Grantors are the sole owner and are
seized of the Property in fee simple and have good right to grant and convey the aforesaid
Conservation Easement; that the Conservation Easement Area is free and clear of any and all
encumbrances, except easement and leases of record or in effect by prescriptive rights as of the
date hereto, and Grantors covenant that the WRC shall have the use of and enjoy all of the benefits
derived from and arising out of the aforesaid easements conveyed. The easements conveyed
herein shall run with the land and must be made part of any transfer of title by the Grantors.
D. Notification. Except as otherwise provided herein, any notices shall be sent by registered
or certified mail, return receipt requested to the parties at their addresses shown above or to other
addresses as either party establishes in writing upon notification to the other.
E. Entire Agreement. This instrument 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 said easements. If any provision is found to be invalid,
the remainder of the provisions of this Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which is found to be invalid, shall not be affected
thereby.
F. Recording. The NCDOT shall record this instrument and any amendment hereto in
timely fashion with the Office of the Register or Deeds of Watauga County, North Carolina, and may
re-record it at any time as may be required to preserve its right under this Conservation Easement.
G. Costs and Liabilities. The Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property,
including the payment of all taxes, assessments, fees, and charges of whatever description levied
on or assessed against the property.
G. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. § 121-34, which authorizes the
creation of Conservation Easements for purposes including those set forth in the recitals herein, and
the conservation purposes of this Conservation Easement, including such purposes as are defined
in Section 170(h)(4)(A) of the Internal Revenue Code.
H. Authorized Representative. All parties agree that the NCDOT is an authorized
representative of the WRC for purposes of this Conservation Easement
J. Conservation Purpose. The WRC, for themselves, and their successors and assigns
agree that this Conservation Easement shall be held exclusively for conservation purposes. The
parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and
assignable, provided, however, that the WRC. hereby covenants and agrees that in the event they
transfer or assign this Conservation Easement they hold under, the organization receiving the
interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal
Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder,
which is organized or operated primarily for one of the conservation purposes specified in Section
170(h)(4)(A) and section 2301 of the Internal Revenue Code, and the WRC 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 to carry out in perpetuity the conservation purposes that the contribution was
originally intended to advance, set forth in the Recitals herein.
TO HAVE AND TO HOLD the aforesaid Conservation Easement unto the NORTH
CAROLINA WILDLIFE RESOURCES COMMISSION, its successors and assigns, forever. The
rights and obligations set forth herein shall inure to and be binding upon the Grantor and the W,RC,
their heirs, executors, NCDOTs, assigns and successors in title or interest.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused this
instrument to be signed in their respective names by authority duly given, the day and year first
above written.
:70R,S):
(Seal) (Sea )
Janice Bryan Baxter Timothy Baxter
(Seal) (Seal)
(Seal) (Seal)
4
ar,07701'UL
STATEOF A1,41, COUNTYOF (J? ?ctti?,??
a Notary Public of County do
hereby certify _ that
Grantor(s), personally appeared before me this day and acknowledged the ution of the foregoing
instrument. Witness my hand and official stamp or seal, this ?.z day of :3= , 2002.
t, U'Ntut,•,,j????
eaL r
?- My Commission Expires: Z- 20- ZC'nS
tary Public ' • ; ?"t
QO
NCDOT: to •;{,?1.?{jr°,+?'r:_:
ACCEP E F R THE tLEPARTMENT OF TRANSPORTATION BY: ?" ' `•- `' 4
X?s
NOV 0 2002
tur.u;tt',
name and title
ASST MANAGER OF RIGHT OF WAY
NORTH CAROLINA, COUNTY OF W ATd:6 c ?-
I, 0/\i. 2a;(-f:2 a Notary Public of l Pe County do hereby certify that
'd /?-l 1 c rcyh . jEf is (bw7 oAc-,m. S... !Ra ?(Tq1 , of the North Carolina
Department of Transportation, personally appeared before iirie this day an acknowledged the executio0,pf it(.,;;,•
the foregoing instrument. Witness my hand and official stamp or seal, this day?ot?-.•',{;' :;
I-1(jv-ewi 4+ )02. G=-,,.r? stt? orit el? ito 5o cn 4,(iCoO IVC&7-
My Commission Expires: Gyt ? l9, 1 oo'j ' O ":V' Ai
rNotary Public `
WRC:
ACCEPTED FOR THE WILDLIFE RESOURCES COMMISSION BY:
name and title
NORTH CAROLINA, COUNTY OF W&ke'
I,-BeUnda,) Carroll Lfoti a Notary Public of Wok'Y-e County do hereby certify tf a 00 ''.Ma6m R. ELtiluloo . ExecuAArtuc 'L1rrer4br , of the North Caroll'dWildlife;' ';
Resources Commission, personally appeared before me this day and acknowledged the execution?,of, e??s,''',+` `
foregoing instrument.-Witness m hand and offic al stam or seal, this Ice- day of OC40be??
2002. g??wy a dYi u? z? do •Sp oc? lA'1foF I-JR?
• tip ? '?'r t '?^, l?A•
?t?t nda> ??V1,tQf.( ??j(cQku?u/ My Commission Expires: ,Bi l&mtihL4.? 460 RO0
Notary Public
170?11l'J?
NORTH CAROLINA WATAUGA COUNTY " • , ;"'
Anthony A. Adams, Alexander County, NC, D. M. Bailey, Lee Co.,
The foregoing Certificate(s) of NC, and Belirda C2rr011 , Wake Go.MNotaries/Notary Public, is/are
certified to be correct. This instrument and this certificate are duly registere at the date and time and in the
Book and Page shown on the first page hereof. This the 2r*d day of , 2002.
Vhnda C. Scott
Register of Deeds For Watauga County
BY: 0"A&? 4
Deputy tSi?tdfif Regi &r of Deeds
5
;3 K 0 7 7 8 i'c 1 8 7
"EXHIBIT A"
Parcel (706WM)1 E-Janice Bryan
The conservation easement area shown as Parcel ##(706WM)1 E of Janice Bryan, being more
particularly shown and described on a plat entitled Survey of Conservation Easement and being
recorded in Plat Book 016 Page 220 of the Watauga County Registry.
"EXHIBIT B"
1. Conceptual Stream Mitigation Plan (A copy of which is on file at the office of the NCDOT and
the W RC.
6
20030303000160140 11111111111111111111111111111111
01c:BR807 P9:301
E
03/03/2003 02:51:23PM 1/7
FILED Wanda C. Scott
Reelstar of Deeds WSco
DY; A COUNTY,NC
Deputy Da2?
Watausa County NC 03/03/2pp3
State of North Caerolina
Real Estate Exols Tax
Exolse Tax: 1,00
CONSERVATION EASEMENT and
EASEMENTS OF INGRESS AND EGRESS
THIS INSTRUMENT DRAWN BY
CHECKED B
JRETURN TO: Jimmy L. Caudle
Division Right of Way Agent
P.O. Box 250
North Wilkesboro, NC 28659
State of North Carolina
Watauga County
Meat Camp Township
I.D. No. R-0529 WM
State Project: 6.759005T
F.A. Project: N/A
Parcel No.: 706WM 1C
THIS CONSERVATION EASEMENT made this 23rd day of Jam, 2002, by and between
Joe M. Do and wife Sarah H. Do and Burl Winebar er and wife Cora Winebar er • Life Tenants;
hereinafter called the "Grantor(s)" and the North Carolina Wildlife Resources Commission, Division
of Inland Fisheries, 1721 Mail Service Center Raleigh, NC 27699-1721, hereinafter called the
"WRC," and administered by the North Carolina Department of Transportation, hereinafter called
the "NCDOT," provides the following:
WITNESSETH
WHEREAS, the Grantor is the sole owner in fee simple of certain real property in Meat
Camp Township of Watauga County, North Carolina, as more particularly described in Deed Book
310, Page 490 of the Watauga County Registry, North Carolina, which land is hereinafter referred
to as "the Property";
WHEREAS, the NCDOT is an agency of the State of North Carolina whose purpose
includes the construction of transportation projects for public use and who has the authority to
acquire land for the purpose of mitigating environmental impacts of these transportation projects;
WHEREAS, the NCDOT desires to restore 164.27 feet of stream in Watauga County on the
said Property through the WRC:
WHEREAS, the WRC is an agency of the State of North Carolina whose purposes include
the restoration and conservation of open space and streams for stream mitigation purposes; is
authorized by the laws of the State of North Carolina to accept, hold and administer conservation
easements; and who has the authority to accept and is willing to accept this Conservation Easement
from the Grantor under the terms and conditions hereinafter described;
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over 0.090
acres of the Property (the Conservation Easement Area), thereby restricting and limiting the use of
land within the Conservation Easement Area to the terms and conditions and for the purposes
hereinafter set forth;
WHEREAS, the Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S.
§ 121-34 et. seq., provides for the enforceability of restrictions, easements, covenants or conditions
appropriate to retaining land or water areas predominantly in their natural, scenic or open condition
or in agricultural, horticultural, farming or forest use;
WHEREAS, the NCDOT, under a Section 404 permit granted by the U. S. Army Corps of
Engineers (USACE), must conduct certain off-site trout stream enhancement to mitigate for impacts
to trout streams resulting from the construction of US 421 from South Fork New River to East of the
Blue Ridae Parkway (R-0529 BA R-0529 BB & R-0529 BD);
WHEREAS, the NCDOT has entered into an agreement with the WRC to reimburse them
20030303000160140 EASE
for conducting the mitigation activities 131(:13111307 Pr?y:302
r 03/03/2003 02:6 MPM 2/7
WHEREAS, the USACE has reviewed and approved the use of the Conservation Easement
on the Property to mitigate for the stream impacts, and such will satisfy the said permit conditions
after the completion of the stream monitoring period;
WHEREAS, the purposes of this Conservation Easement are to protect the mitigation
activities performed by the WRC, to preserve and protect the conservation values of the
Conservation Easement Area, to prevent any use of the Conservation Easement Area that will
significantly impair or interfere with these purposes, and to maintain permanently the dominant
woodland, scenic and natural character of the Conservation Easement Area designated on the
Property as hereinafter described.
NOW THEREFORE, in consideration of the sum of $450.00 (Four Hundred and Fifty
Dollars and other valuable considerations to the Grantor in hand paid by the NCDOT, the receipt
of which is hereby acknowledged, and in further consideration of the mutual covenants, terms,
conditions, and restrictions hereinafter set forth, the Grantor hereby grants and conveys unto the
WRC and its successors or assigns forever and in perpetuity a Conservation Easement, pursuant
to the USACE Section 404 permit requirements, of the nature and character and to the extent
hereinafter set forth, in respect to the land of the grantor situated in Watauga County, North
Carolina, as described in Exhibit A, and hereinafter referred to as the "Conservation Easement
Area". For a plat of the above described Conservation Easement, please see plat titled
Conservation Easement" recorded in Plat Book 016, Page 220 of the Watauga County Registry.
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set forth:
ARTICLE I. DURATION OF EASEMENTS; ACCESS
A. Conservation Easement. This Conservation Easement shall be perpetual. It is an
easement in gross, runs with the land and is enforceable by the WRC or its successors and/or
assigns against the Grantor(s), Grantor(s) heirs, devisees, successors and assigns, lessees, agents
and licensees.
B. Public Access. The easement rights granted herein do not include public access rights.
However, the public has the right to view the Conservation Easement Area from any adjacent
publicly accessible area.
. ARTICLE II. PROHIBITED, RESTRICTED AND RESERVED ACTIVITIES
Any activity on, or use of, the designated Conservation Easement Area inconsistent with the
purposes of this Conservation Easement is prohibited. Unless expressly reserved as a compatible
use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited
as inconsistent with the purposes of the Conservation Easement. The Conservation Easement Area
shall be maintained in its natural, scenic and open condition and restricted from any development
or alteration that would significantly impair or interfere with the conservation values of this
Conservation Easement Area. Any rights not expressly reserved hereunder by the Grantor have
been acquired by the WRC.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
1. Silvicultural Use and Land Clearing There may be no destruction or cutting of trees or
plants in the Conservation Easement Area, except in accordance with the Conceptual
Restoration Plan, attached hereto as Exhibit B, or upon written approval of the WRC.
2. 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.
3. Mineral Use, Excavation, D_ redwing. There shall be no filling, excavation, dredging,
mi ning or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other material,
and no change in the topography of the land in any manner on the Conservation Easement
Area nor shall there be any activities conducted on the Conservation Easement Area or on
adjacent property if owned by the Grantor and their successors which would cause erosion
or siltation on the Conservation Easement Area.
4. Grantor's Rights. The Grantor, for themselves, their successors, assigns, invitees and
licensees, hereby reserves the right to quiet enjoyment of the Conservation Easement Area;
the right of ingress and egress to the Conservation Easement Area and all adjacent property
of the Grantor; and the right to sell, transfer, gift or otherwise convey the Conservation
Easement Area, in whole, provided such sale, transfer or gift conveyance is subject to the
terms of this Conservation Easement and written notice is provided to the WRC in
2
20030303000160140 EASE
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5. WRC's Rights. The WRC reserves the right to use the Conservation Easement Area in
any way necessary, consistent with the terms herein, to undertake any activities to protect,
restore, manage, maintain, or enhance stream functional values, and monitor the restoration
resources, as described in the Conceptual Restoration Plan Exhibit B) for the Conservation
Easement Area, in order to mitigate for impacts to streams resulting from road construction.
These mitigation activities include, but are not limited to, construction of new stream
channels; restoration/stabilization of existing stream channels; installation of natural and
man-made materials as needed to direct in-stream, above ground, and subterraneous water
flow; planting of trees, shrubs and herbaceous vegetation; collecting live cuttings; and
utilization of heavy equipment to grade, fill, and prepare the soil. The WRC further reserves
the right to monitor the results of the mitigation activities in perpetuity and to repair or restore
any damage to the Conservation Easement Area occurring after initial completion of the
construction associated with mitigation activities.
ARTICLE III. ENFORCEMENT AND REMEDIES
Nothing contained herein shall be construed to entitle the Grantor or WRC to bring any
action against the other party for any injury or change in the Property resulting from causes beyond
the control of either party, including fire, flood, storm, war, acts of God or third parties, or from any
prudent action taken in good faith by either party 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, in accordance hereunder.
The WRC has the right to prevent any action on or use of the Conservation Easement Area
that is inconsistent with the purpose of this Conservation Easement and to require the restoration
of such areas or features of the Conservation Easement Area that may be damaged by any
inconsistent activity or use. If the WRC determines that the Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened, WRC shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and; where
the violation involves injury to the Conservation Easement Area resulting from any use or activity
inconsistent with the purpose of this Conservation Easement, to restore the portion of the
Conservation Easement Area so injured. If Grantor fails to cure the violation within thirty (30) days
after receipt of notice thereof from WRC, or under circumstances where the violation cannot
reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the
thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, WRC may
bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this
Conservation Easement, to enjoin the violation, as necessary, by temporary or permanent injunction,
to recover any damages to which it may be entitled for violation of the terms of this Easement,
including damages for the loss of conservation values, and to require the restoration of? the
Conservation Easement Area to the condition that existed prior to any such injury. If the WRC, In
its sole discretion, determines that circumstances require immediate action to prevent or mitigate
significant damage to the conservation values of the Conservation Easement Area, the WRC may
pursue its remedies without prior notice to the Grantor. WRC shall exercise reasonable efforts to
notify the Grantor and shall, in any event, notify Grantor within two business days after action is
taken to explain the action undertaken.
WRC's remedies shall be cumulative and shall be in addition to any other rights and
remedies available to WRC at law or equity. Any cost incurred by WRC in enforcing the terms of
this Conservation Easement against Grantor or its successors. or assigns, including, without
limitation, costs of suit and attorney's fees, and any costs of restoration necessitated by Grantor's
violation of the terms of this Conservation Easement shall be borne by Grantor.
No failure on the part of the WRC to enforce any covenant or provision hereof shall be a
waiver to discharge or invalidate such covenant or any other covenant, condition, or provision hereof
or affect the right of WRC to enforce the same in the event of a subsequent breach or default.
The Grantor reserves the right to take action against the WRC for use of the Conservation
Easement Area in a way that is inconsistent with the purpose of this Conservation Easement. Any
cost incurred by Grantor in enforcing the terms of this Conservation Easement against WRC or its
successors or assigns, including, without limitation, costs of suit and attorney's fees, shall be borne
by WRC.
ARTICLE IV. MISCELLANEOUS
A. Amendments. The NCDOT, WRC and Grantor may amend this Conservation Easement;
only by a jointly executed written agreement, and provided that no amendment will be allowed that
is inconsistent with the purposes stated herein, and provided that it is approved by the USACE.
B. Exhibits. The attached Exhibit A, Exhibit B and Plat recorded in Plat Book 016, Page 220
of the Watauga County Registry are incorporated in and made a part of this instrument by reference.
3
The parties acknowledge that the Conceptual Restoration Plan, developed by a WRC biologist and
dated June 2002 (Exhibit B), a copy of which is on file at the office of the NCDOT and the WRC, and
which is also attached hereto and incorporated herein, describes the plan for mitigation activities
in the Conservation Easement Area.
C. Title. The Grantors covenant and represent that the Grantors are the sole owner and are
seized of the Property in fee simple and have good right to grant and convey the aforesaid
Conservation Easement; that the Conservation Easement Area is free and clear of any and all i
encumbrances, except easement and leases of record or in effect by prescriptive rights as of the
date hereto, and Grantors covenant that the WRC shall have the use of and enjoy all of the benefits
derived from and arising out of the aforesaid easements conveyed. The easements conveyed
herein shall run with the land and must be made part of any transfer of title by the Grantors.
D. Notification. Except as otherwise provided herein, any notices shall be sent by registered .
or certified mail, return receipt requested to the parties at their addresses shown above or to other
addresses as either party establishes in writing upon notification to the other.
E. Entire Agreement. This instrument 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 said easements. If any provision is found to be Invalid,
the remainder of the provisions of this Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which is found to be invalid, shall not be affected
thereby.
F. Recording. The NCDOT shall record this instrument and any amendment hereto in
timely fashion with the Office of the Register or Deeds of Watauga County, North Carolina, and may
re-record it at any time as may be required to preserve its right under this Conservation Easement.
G. Costs and Liabilities. The Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property,
including the payment of all taxes, assessments, fees, and charges of whatever description-levied
on or assessed against the property.
G. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. § 121-34, which authorizes the
creation of Conservation Easements for purposes including those set forth in the recitals herein, and
the conservation purposes of this Conservation Easement, including such purposes as are defined
in Section 170(h)(4)(A) of the Internal Revenue Code.
H. Authorized Representative. All parties agree that the NCDOT is an authorized
representative of the WRC for purposes of this Conservation Easement
J. Conservation Pur ose. The WRC, for themselves, and their successors and assigns
agree that this Conservation Easement shall be held exclusively for conservation purposes. The
parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and
assignable, provided, however, that the WRC hereby covenants and agrees that in the event they
transfer or assign this Conservation Easement they hold under, the organization receiving the
interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal
Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder,
which is organized or operated primarily for one of the conservation purposes specified in Section
170(h)(4)(A) and section 2301 of the Internal Revenue Code, and the WRC 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 to carry out in perpetuity the conservation purposes that the contribution was
originally intended to advance, set forth in the Recitals herein.
TO HAVE AND TO HOLD the aforesaid Conservation Easement unto the NORTH
CAROLINA WILDLIFE RESOURCES COMMISSION, its successors and assigns, forever. The
rights and obligations set forth herein shall inure to and be binding upon the Grantor and the WRC,
their heirs, executors, NCDOTs, assigns and successors in title or interest.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused this
instrument to be signed in their respective names by authority duly given, the day and year first
above written.
GRANTOR(S):
(Seal) (Seal)
Sarah H. Doty Joe M. Doty
(Seal)
(Seal)
ora inebar9er 1?.n.4;,?11 (Seal) eal)
?} wine ar er
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own
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4
20030303000160140 EASE
81(:0113011 Pr : 305
0310312003 02:6:23PM 517
STATE OF __A&L4,L ,r.n line, , COUNTY OF j
I' --a4h-?T-fi? ?????r ?s a Notary Public of
hereby certify ,, x,.,.LIX County do
R ,. , I f:) <'•? . h ... , .. _ I .. ,?_ , ., , _ that
z ,.;.
..- <T ? rj? p t•.•t1
By. FZ .1 9
V(j 1
hereby
ovally appeared before me this day and acknow edged the execution of the foregoing
less my hand and official stamp or seal, this Z3_ day of •-s r1 t ti , 2002.
i
? otaq ablic
?'?•i,(??0ivi COUNTY OF
J-r rr?

My Commission Expires: Z- zee- 7f,v5'

Notary Public of 1%k
County do
that
- rr ?-• ?? ?• ,,,? L, IIJ uay anu dcrcnuwleugea-me execution of the foregoing
y hand and official stamp or seal, this -*OL- day of P6L e 2002.
My Commission Expires• ?

NCDOT:
ACCEPT ENT OF TRANSPORTATION BY:
cop/' tt=.. FEB 1 1 2005
name and title
ASST MANAGER OF RIGHT OF WAY
NORTH CAROLINA, COUNTY OF
I, f %4_ a Notary Public of ;?•
-- ..Sd6J _zX .11SecY /)"?L . "_. e- , /e'• , ._Fly
Department of Transportation, personally appeare before met is day and
the foregoing instrument. Witness my hand and official stamp
// Obehalf of the Department of
J' My Commission Expires: _
N
Y ?.
J Iy ,?r?
Notary Public 010ahoma
S
c
1
1 OFFICIAL SEAL
DARIN C. ADAMS
TULSA COUNTY
C01.1MISSION 001012021
Comm. Ex . 07.19-2005
- County do hereby certify that
of the North Carolina
acknowledged the exequtlon of
or seal, this -I--/ day of. .. ,
Transportation >.
,]'r` ;1111It1NfJ 4°li ' ••r ryr .Q 1
Zz-
••!'/r///lllllllilt11lt1`,
otary Public
WRC:
ACCEPTED FOR THE WILDLIFE RESOURCES COMMISSION BY:
name and,title:...
NOR AAGQNA; COUNTY OF W
:]r eLlnc?? ?Li`•r,011 .CeQtcir a Notary Public of Wakes mR00v.
r E1??lwno ?_. County do:fiRt?b??erlf
fixer a lv mtr eAnr J,1.
of the NQr{h,Z;1'6116s,:? f1dIIPe ,
F4e0 ryesofn,rnssion, personally appeared before me this day and acknowledgedhexecla?11`Af
fare olhg instrv
cnt -Witness my hand and official stamp or seal, this ( day of
200"' on behalf of the North Carolina Wildlife
.,•
-, Q,,?q.; ?• Resources Commission -
My Commission Expires: jje4t& 1dA
A,..y,Pbblic
The foregoing Certificate(s) of , Notaries/Notary Public, Is/are
certified to be correct. This instrument and this certificate are duly registered at the date and time and in the
Book and Page shown on the first page hereof. This the _ day of 2002.
Register of Deeds For Watauga County
BY:
Deputy/Assistant Register of Deeds
5
Notary Public
200303030C0160140 EASE
11k : U307 P : 306
"EXHIBIT A" 03/03/2003 02:51:23PM 6/7
Parcel (706WM)1C-Sarah Doty
The conservation easement area shown as Parcel f>(706WM)1C of Sarah Doty, being more
particularly shown and described on a plat entitled Survey of Conservation Easement and being
recorded in Plat Book 016 Page 220 of the Watauga County Registry.
"EXHIBIT B"
1. Conceptual Stream Mitigation Plan (A copy of which is on file at the office of the NCDOT and
the WRC.
6
20030303000160140 EASE
Bic : BR807 P< : 307
03103/2003 02:6i:23PM 717
NORTH CAROLINA - WATAUGA COUNTY
The foregoing certificate(s) of
Anthony A. Adams, Notary Public, Alexander County, NC,
BeLinda Carroll LeQuire, Notary Public, Wake County, NC,
Darin C. Adams, Notary Public, Tulsa County, Oklahoma,
James A. West, Notary Public, Wake County, NC,
is (are) certified to be correct.
This the 3 rd day of March 2003.
Wanda C. Scott, Register of Deeds
BY:
Deputy
,L .
1;K07781'G1.88
WATAUGA COUNTY NC 12/02/2002
$5.00
STATE nF
N OLINA Real Estate
CP'S Excise .Tax
FILEQ
1V/?IID,1 C. SCOTT
REGIS"l:i? OF' DEEDS
02 DEC" 2 P11 3: 40
Q
DEPUTY
WAIAUGA C TY. NC
CONSERVATION EASEMENT and
EASEMENTS OF INGRESS AND EGRESS
THIS INSTRUMENT DRAWN BY Q. Q• CHECKED BY
QA 0^.. 110 A
RETURN T , : Jimmy L. Caudle
Division Right of Way Agent
P.O. Box 250 X7:1 r1 y
North Wilkesboro, NC 28659 G?
State of North Carolina I.D. No. R-0529 WM
Watauga County State Project: 6.759005T
Meat Camp Township F.A. Project: N/A
Parcel No.: (706WM)1A
THIS CONSERVATION EASEMENT and EASEMENTS OF INGRESS AND EGRESS,
made this 28 h day of August, 2002 by and between Dale Miller. Single, 4290 Meat Camp Rd.
Todd. NC 28684, hereinafter called the "Grantor(s)" and the North Carolina Wildlife Resources
Commission, Division of Inland Fisheries, 1721 Mail Service Center, Raleigh, NC 27699-1721,
hereinafter called the "WRC," and administered by the North Carolina Department of Transportation,
hereinafter called the "NCDOT," provides the following:
WITNESSETH
WHEREAS, the Grantor is the sole owner in fee simple of certain real property in
Meat Camp Township of Watauga County, North Carolina, as more particularly described in Deed
Book 493, Page 269 and Book , Page of the Watauga County Registry, North Carolina,
which land is hereinafter referred to as "the Property';
WHEREAS, the NCDOT is an agency of the State of North Carolina whose purpose
includes the construction of transportation projects for public use and who has the authority to
acquire land for the purpose of mitigating environmental impacts of these transportation projects;
WHEREAS, the NCDOT desires to restore approximately 652 linear feet of stream in
Watauga County on the said Property through the WRC:
WHEREAS, the WRC is an agency of the State of North Carolina whose purposes include
the restoration and conservation of open space and streams for stream mitigation purposes; is
authorized by the laws of the State of North Carolina to accept, hold and administer conservation
easements; and who has the authority to accept and is willing to accept this Conservation Easement
from the Grantor under the terms and conditions hereinafter described;
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over 0.414
acres of the Property (the Conservation Easement Area), thereby restricting and limiting the use of
land within the Conservation Easement Area to the terms and conditions and for the purposes
hereinafter set forth;
WHEREAS, the Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S.
§ 121-34 et. seq., provides for the enforceability of restrictions, easements, covenants or conditions
appropriate to retaining land or water areas predominantly in their natural, scenic or open condition
or in agricultural, horticultural, farming or forest use;
WHEREAS, the NCDOT, under a Section 404 permit granted by the U. S. Army Corps of
Engineers (USACE), must conduct certain off-site trout stream enhancement to mitigate for impacts
to trout streams resulting from the construction of US-421 from South Fork New River to East of the
Blue Ridge Parkway (R-0529BA, BB & BD);
WHEREAS, the NCDOT has entered into an agreement witl?khbWR? u ?gjmpibsgthem
for conducting the mitigation activities;
WHEREAS, the USACE has reviewed and approved the use of the Conservation Easement
on the Property to mitigate for the stream impacts, and such will satisfy the said permit conditions
after the completion of the stream monitoring period;
WHEREAS, the purposes of this Conservation Easement are to protect the mitigation
activities performed by the WRC, to preserve and protect the conservation value$ of the
Conservation Easement Area, to prevent any use of the Conservation Easement Area that will
significantly impair or interfere with these purposes, and to maintain permanently the dominant
woodland, scenic and natural character of the Conservation Easement Area designated on the
Property as hereinafter described.
NOW THEREFORE, in consideration of the sum of $2,050.00 (Two Thousand and Fifty
Dollars and other valuable considerations to the Grantor in hand paid by the NCDOT, the receipt
of which is hereby acknowledged, and in further consideration of the mutual covenants, terms,
conditions, and restrictions hereinafter set forth, the Grantor hereby grants and conveys unto the
WRC and its successors or assigns forever and.in perpetuity a Conservation Easement, pursuant
to the USACE Section 404 permit requirements, of the nature and character and to the extent
hereinafter set forth, in respect to the land of the grantor situated in Watauga County, North
Carolina, as described in Exhibit A, and hereinafter referred to as the "Conservation Easement
Area", as described in Book 493, Page 269, and Book ,Page of the Watauga County
Registry. For a plat of the above described Conservation Easement and Easements of Ingress and
Egress, please see plat titled "Conservation Easement' recorded in Plat Book 016, Page 220 of the
Watauga County Registry.
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set
forth:
ARTICLE I. DURATION OF EASEMENTS; ACCESS
A. Conservation Easement. This Conservation Easement shall be perpetual. It is an
easement in gross, runs with the land and is enforceable by the WRC or its successors and/or
assigns against the Grantor(s), Grantor(s) heirs, devisees, successors and assigns, lessees, agents
and licensees.
B. Temporary Access Easement. No Temporary Access Easement applies to this property.
C. Permanent Access Easement. No Permanent Access Easement applies to this property.
D. Public Access. The easement rights granted herein do not include public access rights.
However, the public has the right to view the Conservation Easement Area from any adjacent publicly
accessible area.
ARTICLE II. PROHIBITED, RESTRICTED AND RESERVED ACTIVITIES
Any activity on, or use of, the designated Conservation Easement Area inconsistent with the
purposes of this Conservation Easement is prohibited. Unless expressly reserved as a compatible
use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited
as inconsistent with the purposes of the Conservation Easement. The Conservation Easement Area
shall be maintained in its natural, scenic and open condition and restricted from any development
that would significantly impair or interfere with the conservation values of this Conservation
Easement Area. Any rights not expressly reserved hereunder by the Grantor have been acquired
by the WRC.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
1. Disturbance of Natural Features. Any changes, disturbance, alteration or impairment of
the natural, scenic and aesthetic features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited unless the WRC shall
give its prior written consent or unless otherwise expressly permitted herein.
2. Agricultural. Grazing and Horticultural Use. Agricultural, grazing and horticultural use,
including landscaping, of the Conservation Easement Area is prohibited. Livestock shall
only cross or access water at areas appointed and agreed upon in the Conceptual Stream
Mitigation Plan, attached as Exhibit B, and shown on the plat entitled "Conservation
Easement" recorded in Plat Book 016, Page 220, of the Watauga County Registry. Grantors
may have limited (area size should approved by the WRC in order to limit riparian zone
disturbance) access to the Conservation Easement Area for the purpose of operating
irrigation pumps. In an emergency situation, in which no other water source is available,
2
livestock may accesQ & s9eam 10 Ater at areas designated on the plat entitled
"Conservation Easement recorded in Plat Book 016. Page 220, of the Watuaga County
Registry. Such emergency access is limited to one side of the stream for a length not to
exceed 30 linear feet and the Grantor shall notify the WRC in writing at the address shown
above within 3 business days of such access.
3. Silvicultural Use and Land Clearing. There may be no destruction or cutting of trees or
plants in the Conservation Easement Area, except in accordance with the Conceptual
Stream Mitigation Plan, attached hereto as Exhibit B, or upon written approval of the WRC.
The gathering of firewood in the Conservation Easement Area shall be limited to dead trees,
such that the gathering is consistent with purposes of this Conservation Easement.
Removal of large live trees may be allowed in some cases provided that any such request
is consistent with the purposes of this Conservation Easement and the Grantor obtains prior
written approval from the WRC.
4. Huntinq and Fishing. Grantor expressly reserves the right to hunt and fish on the
Conservation Easement Area and to control access of all persons for the purpose of hunting
and fishing; provided that these activities do not impact the protection and conservation of
any wildlife habitat or other conservation values of the Conservation Easement Area.
5. Dumpinq 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.
6. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other material,
and no change in the topography of the land in any manner on the Conservation Easement
Area nor shall there be any activities conducted on the Conservation Easement Area or on
adjacent property if owned by the Grantor and his successors which would cause erosion
or siltation on the Conservation Easement Area.
7. Industrial Use. Industrial activities in the Conservation Easement Area are prohibited.
8. Residential Use. Residential use of the Conservation Easement Area is prohibited.
9. Commercial Use. Commercial activities in the Conservation Easement Area are
prohibited
10. New Construction. There shall be no building, shed, facility, mobile home, or other
structure constructed or placed in the Conservation Easement Area; provided, however, that
the WRC expressly reserves the right to install, operate and maintain structures for the
purpose of reestablishing, protecting, and enhancing stream functional values, including
those described in the Conceptual Stream Mitigation Plan, Exhibit B, for the Conservation
Easement Area.
11. Si ns. No signs shall be permitted in the Conservation Easement Area except
interpretive signs describing restoration activities and the conservation values of the
Conservation Easement Area, signs identifying the owner of the Protected Property and the
holder of the Conservation Easement, and signs giving directions or proscribing rules and
regulations for the use of the Conservation Easement Area.
12. Subdivision. Subdivision, partitioning, or dividing the Conservation Easement Area
is prohibited.
13. Development Rights. No development rights which- 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.
14. Utilities. The installation of utility systems, including, without limitation, water, sewer,
power, fuel, and communication lines and related facilities, is prohibited. If there are existing
utility easements (rights of way) located in the Conservation Easement Area or affecting the
Conservation Easement, Grantor shall notify the WRC if right of way clearing or other work
in the Conservation Easement Area is scheduled by the utility.
15. Water Quality and Drainage Pattern. Grantor shall conduct no activities conducted in
the Conservation Easement Area that would be detrimental to water purity or to any of the
plants or habitats within the Conservation Easement Area, or that would alter natural water
levels, drainage, sedimentation and/or flow in or over the Conservation Easement Area, or
cause soil degradation or erosion. Diking, dredging, alteration, draining, filling or removal
of wetlands or stream by the Grantor is prohibited. In addition, Grantor is prohibited from
diverting or causing or permitting the diversion of surface or underground water into, within
3
iK0778n'19].
or out of the Conservation Easement Area by any means; polluting or discharging into
waters, springs, seeps, or wetlands; or using pesticides or biocides in the Conservation
Easement Area unless agreed to in writing by the WRC.
16. Grantor's Rights. The Grantor, for himself, his successors, assigns, invitees and
licensees, hereby reserves the right to quiet enjoyment of the Conservation Easement Area;
the right of ingress and egress to the Conservation Easement Area and all adjacent property
of the Grantor; the right to continue such uses as exist as of the date of this grant not
inconsistent with this Conservation Easement; and the right to sell, transfer, gift or otherwise
convey the Conservation Easement Area, in whole, provided such sale, transfer or gift
conveyance is subject to the terms of this Conservation Easement and written notice is
provided to the WRC in accordance with the provisions herein below.
17. W RC's Rights. The WRC reserves the right to use the Conservation Easement Area
in any way necessary, consistent with the terms herein, to undertake any activities to protect,
restore, manage, maintain, or enhance stream functional values, and monitor the restoration
resources, as described in the Conceptual Stream Mitigation Plan Exhibit B) for the
Conservation Easement Area, in order to mitigate for impacts to streams resulting from road
construction. These mitigation activities include, but are not limited to, construction of new
stream channels; restoration/stabilization of existing stream channels; installation of natural
and manmade materials as needed to direct in-stream, above ground, and subterraneous
water flow; planting of trees, shrubs and herbaceous vegetation; and utilization of heavy
equipment to grade, fill, and prepare the soil. The WRC further reserves the right to monitor
the results of the mitigation activities in perpetuity and to repair or restore any damage to the
Conservation Easement Area occurring after initial completion of the construction associated
with mitigation activities.
ARTICLE Ill. ENFORCEMENT AND REMEDIES
Nothing contained herein shall be construed to entitle the Grantor or WRC to bring any
action against the other party for any injury or change in the Property resulting from causes beyond
the control of either party, including fire, flood, storm, war, acts of God or third parties, or from any
prudent action taken in good faith by either party 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, in accordance hereunder.
The WRC has the right to prevent any action on or use of the Conservation Easement Area
that is inconsistent with the purpose of this Conservation Easement and to require the restoration
of such areas or features of the Conservation Easement Area that may be damaged by any
inconsistent activity or use. If the WRC determines that the Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened, WRC shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and, where
the violation involves injury to the Conservation Easement Area resulting from any use or activity
inconsistent with the purpose of this Conservation Easement, to restore the portion of the
Conservation Easement Area so injured. If Grantor fails to cure the violation within thirty (30) days
after receipt of notice thereof from WRC, or under circumstances where the violation cannot
reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the
thirty (30) day period, or fails to continue diligently to cure,such violation until finally cured, WRC may
bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this
Conservation Easement, to enjoin the violation, as necessary, by temporary or permanent injunction,
to recover any damages to which it may be entitled for violation of the terms of this Easement,
including damages for the loss of conservation values, and to require the restoration of the
Conservation Easement Area to the condition that existed prior to any such injury. If the WRC, in
its sole discretion, determines that circumstances require immediate action to prevent or mitigate
significant damage to the conservation values of the Conservation Easement Area, the WRC may
pursue its remedies without prior notice to the Grantor. WRC shall exercise reasonable efforts to
notify the Grantor and shall, in any event, notify Grantor within two business days after action is
taken to explain the action undertaken.
WRC's remedies shall be cumulative and shall be in addition to any other rights and
remedies available to WRC at law or equity. Any cost incurred by WRC in enforcing the terms of
this Conservation Easement against Grantor or its successors or assigns, including, without
limitation, costs of suit and attorney's fees, and any costs of restoration necessitated by Grantor's
violation of the terms of this Conservation Easement shall be borne by Grantor.
No failure on the part of the WRC to enforce any covenant or provision hereof shall be a
waiver to discharge or invalidate such covenant or any other covenant, condition, or provision hereof
or affect the right of WRC to enforce the same in the event of a subsequent breach or default.
The Grantor reserves the right to take action against the WRC for use of the Conservation
Easement Area in a way that is inconsistent with the purpose of this Conservation Easement. Any
cost incurred by Grantor in enforcing the terms of this Conservation Easement against WRC or its
4
DK0778""192
successors or assigns, including, without limitation, costs of suit and attorney's fees, shall be borne
by WRC. .
ARTICLE IV. MISCELLANEOUS
A. Amendments. The NCDOT, WRC and Grantor may amend this Conservation Easement,
Temporary Access Easement, or Permanent Access Easement only by a jointly executed written
agreement, and provided that no amendment will be allowed that is inconsistent with the purposes
stated herein, and provided that it is approved by the USACE. ,
B. Exhibits. The attached Exhibit A, Exhibit B and Plat recorded in Plat Book 016, Page 220
of the Watauga County Registry are incorporated in and made a part of this instrument by reference.
The parties acknowledge that the Conceptual Stream Mitigation Plan, developed by a WRC
biologist and dated June 2002 (Exhibit B)= a copy of which is on file at the office of the NCDOT and
the WRC, and which is also attached hereto and incorporated herein, describes the plan for
mitigation activities in the Conservation Easement Area.
C. Title. The Grantors covenant and represent that the Grantors are the sole owner and are
seized of the Property in fee simple and have good right to grant and convey the aforesaid
Conservation Easement and Temporary and Permanent Access Easements of Ingress and Egress;
that the Conservation Easement Area and Temporary and Permanent Access Easements are free
and clear of any and all encumbrances, except easement and leases of record or in effect by
prescriptive rights as of the date hereto, and Grantors covenant that the WRC shall have the use
of and enjoy all of the benefits derived from and arising out of the aforesaid easements conveyed.
The easements conveyed herein shall run with the land and must be made part of any transfer of
title by the Grantors.
D. Notification. Except as otherwise provided herein, any notices shall be sent by registered
or certified mail, return receipt requested to the parties at their addresses shown above or to other
address(es) as either party establishes in writing upon notification to the other.
E. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Easement and Easements of Ingress and Egress and supersedes all.
prior discussions, negotiations, understandings or agreements relating to the said easements. If
any provision is found to be invalid, the remainder of the provisions of this Conservation Easement,
and the application of such provision to persons or circumstances other than those as to which is
found to be invalid, shall not be affected thereby.
F. Recording. The NCDOT shall record this instrument and any amendment hereto in
timely fashion with the Office of the Register or Deeds of Watauga County, North Carolina, and may
re-record it at any time as may be required to preserve its right under this Conservation Easement.
G-. Costs and Liabilities. The Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property,
including the payment of all taxes, assessments, fees, and charges of whatever description levied
on or assessed against the property.
H. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. ? 121-34, which authorizes
the creation of Conservation Easements for purposes including those set forth in the recitals herein,
and the conservation purposes of this Conservation Easement, including such purposes as are
defined in Section 170(h)(4)(A) of the Internal Revenue Code.
1. Authorized Representative. All parties agree that the NCDOT is an authorized
representative of the WRC for purposes of this Conservation Easement and Easements of Ingress
and Egress.
J. Conservation Purpose. The WRC, for themselves, and their successors and assigns
agree that this Conservation Easement shall be held exclusively for conservation purposes. The
parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and
assignable, provided, however, that the WRC hereby covenants and agrees that in the event they
transfer or assign this Conservation Easement they hold under, the organization receiving the
interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal
Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder,
which is organized or operated primarily for one of the conservation purposes specified in Section
170(h)(4)(A) and section 2301 of the Internal Revenue Code, and the WRC 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 to carry out in perpetuity the conservation purposes that the contribution was
originally intended to advance, set forth in the Recitals herein.
TO HAVE AND TO HOLD the aforesaid Conservation Easement and Easement of Ingress
and Egress unto the NORTH CAROLINA WILDLIFE RESOURCES COMMISSION, its successors
5
3K07781,c.193
and assigns, forever. The rights and obligations set forth herein shall inure to and be binding upon
the Grantor, WRC, and NCDOT, their heirs, executors, assigns and successors in title or interest.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused this
instrument to be signed in their respective names by authority duly given, the day and year first
above written.
GRANTOR(S):
-? (Seal)
Dale Miller
(Seal)
(Seal)
STATE OF,i?oi" Ca rd Iin q , COUNTY OF Wctlimu1 n
(Seal)
(Seal)
(Seal)
l+ S a Notary Public of __ Me County do hereby certify that
?' - (? Grantor(s), personally appeared before
me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official,sfamp
or seal, this Z! day of? us ?- 2002,
• .i;sst ,rl ;,v ; ,
Notary Publ'
%?',,.I,..?y. ?S,. J,?a.. f
My Commission Expires: -7-7- 0 - Zooms'
NCD ? wt,?•. ; ? ?h,?;r 1.f , .
ACC OR HE RTMENT OF TRANSPORTATION BY:
,?
NOV 0 7 2002 .; x.'94.. sea,
name and title , ?frrutnt,'??
ASST MANAGFR OF RIGHT OF WAY
NORTH CAROLINA, COUNTY OF _ G ?G ck
I, ,1. A- y a Notary Public of
A w dj I A_--. 'T - .A
Department of Transportation, personally appeare before me this day ani
the foregoing instrument. )6 Witness my hand and official stamp
??1 ? P !, a? , 2002. 9.z.;,.? u?K, j;; r.Io 'So on
ro . /
Notary Public
My Commission Expires: d , -a ou?
WRC: '
ACCEPTED FOR THE WILDLIFE RESOURCES COMMISSION BY:
name and title
_ County do hereby certify that
of the. North Carolina ' R
I acknowledged the execution of
or seal, this '7 day of
6t,?wl? of NGpDT
NORTH CAROLINA, COUNTY OF
I,?eL? ? Cn rrn 11 LeC,? , u t) a Notary Public of Wa k e- County do hgi6&
C6nYlt" R Full Weo , ?cttiV,ve- TD%rc1- mv, , of the North:, ar-J
Resources Commission, personally appeared before me this day and acknowledged the exec'
foregoing instrument:xWitness my hand jlnd official stamp or seal, this I (P day of ?c o r
2002. a?rsl Qal?,orl?,e? ,?o 5Z5 ch bcWic
Notary Public

SAS r r ?'
lYl„p?th 711tff11??F ? yt J?
Yl'e '? •' tJ,r .,,t , .'
irfa?W Idlife. ate,'''
or?lhe
My Commission Expires: ??? a?_ coot, arrr
No4ary :$eal
NORTH CAROLINA And-cry A. ?, ? Canty, NC, D. M. Bailey, Lee City ,. NC2
fhl'W? r???Le gicate(s) of and 1 nja ll LeWim, Wake Canty t, ;Notaries/NWaiy Public, is/are
certified to be correct. This instrument and this certificate are duly registered at the date'and time and in the
Book and Page shown on the first page hereof. This the 21L day of npr,, - , 2002.
Wanda C. Scott
Regist r f Deeds For Watauga County
BY: I,I h I r
Deputy/A Nn%1iU gister of Deeds

6
3K0'?78PG.194
"EXHIBIT A"
PARCEL (706WM)1 A-DALE MILLER
The conservation easement area shown as Parcel #(706WM)1A of Dalo Miller, being more
particularly shown and described on a plat entitled Survey of Conservation Easement and being
recorded in Plat Book 016 Page 220 of the Watauga County Registry.
"EXHIBIT B"
1. Conceptual Stream Mitigation Plan (A copy of Which is on file at office of the NCDOT and
the W RC.)
7
:;:;0778F'?176
WATAUGA COUNTY NC 12/02/2002
io $1.00
STATE
igOOTH
OA gOLINA E
Real xci eSTax
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SCO
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EEDS
0 E -2 PH 3: 37
IYAMUGA !1!d Y. NC 1 I?
3a
CONSERVATION EASEMENT and
EASEMENTS OF INGRESS AND EGRE S
t
THIS INSTRUMENT DRAWN BY Q. Q• 6 --c? CHECKED BY Y17 Ail
RETURN /D immy L. Caudle
ivision Right of Way Agent
P.O. Box 250
North Wilkesboro, NC 28659
State of North Carolina
Watauga County
Meat Camp Township
I.D. No. R-0529 WM
State Project: 6.759005T
F.A. Project: N/A
Parcel No.: (706WM)1B
THIS CONSERVATION EASEMENT made this 2"d day of August, 2002, by and between
Joe Elmer Proffitt and wife Alma Joyce Proffitt; hereinafter called the "Grantor(s)" and the North
Carolina Wildlife Resources Commission, Division of Inland Fisheries, 1721 Mail Service Center,
Raleigh, NC 27699-1721, hereinafter called the "WRC," and administered by the North Carolina
Department of Transportation, hereinafter called the "NCDOT," provides the following:
WITNESSETH
WHEREAS, the Grantor is the sole owner in fee simple of certain real property in Meat
Camp Township of Watauga County, North Carolina, as more particularly described in Deed Book
067, Page 312, Deed Book 221 Page281, Deed Book 150 Page 481, Deed Book 204 Page 144,
Deed Book 211 Page 076, and Deed Book 163 Page 346 of the Watauga County Registry, North
Carolina, which land is hereinafter referred to as "the Property';
WHEREAS, the NCDOT is an agency of the State of North Carolina whose purpose
includes the construction of transportation projects for public use and who has the authority to
acquire land for the purpose of mitigating environmental impacts of these transportation projects;
WHEREAS, the NCDOT desires to restore 29.5 feet of stream in Watauga County on the
said Property through the WRC:
WHEREAS, the WRC is an agency of the State of North Carolina whose purposes include
the restoration and conservation of open space and streams for stream mitigation purposes; is
authorized by the laws of the State of North Carolina to accept, hold and administer conservation
easements; and who has the authority to accept and is willing to accept this Conservation Easement
from the Grantor under the terms and conditions hereinafter described;
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over 0.053
acres of the Property (the Conservation Easement Area), thereby restricting and limiting the use of
land within the Conservation Easement Area to the terms and conditions and for the purposes
hereinafter set forth;
WHEREAS, the Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S.
§ 121-34 et. seq., provides for the enforceability of restrictions, easements, covenants or conditions
appropriate to retaining land or water areas predominantly in their natural, scenic or open condition
or in agricultural, horticultural, farming or forest use;
WHEREAS, the NCDOT, under a Section 404 permit granted by the U. S. Army Corps of
Engineers (USACE), must conduct certain off-site trout stream enhancement to mitigate for impacts
to trout streams resulting from the construction of US 421 from South Fork New River to East of the
Blue Ridge Parkway (R-0529 BA R-0529 BB & R-0529 BD);
WHEREAS, the NCDOT has entered into an agreement with the WRC to reimburse them
for conducting the mitigation activities; 3K 0 7 7 8 Pc 1 7
WHEREAS, the USACE has reviewed and approved the use of the Conservation Easement
on the Property to mitigate for the stream impacts, and such will satisfy the said permit conditions
after the completion of the stream monitoring period;
WHEREAS, the purposes of this Conservation Easement are to protect the mitigation
activities performed by the WRC, to preserve and protect the conservation values of the
Conservation Easement Area, to prevent any use of the Conservation Easement Area that will
significantly impair or interfere with these purposes, and to maintain permanently the dominant
woodland, scenic and natural character of the Conservation Easement Area designated on the
Property as hereinafter described.
NOW THEREFORE, in consideration of the sum of $265.00 (Two Hundred and Sixty Five
Dollars and other valuable considerations to the Grantor in hand paid by the NCDOT, the receipt
of which is hereby acknowledged, and in further consideration of the mutual covenants, terms,
conditions, and restrictions hereinafter set forth, the Grantor hereby grants and conveys unto the
WRC and its successors or assigns forever and in perpetuity a Conservation Easement, pursuant
to the USACE Section 404 permit requirements, of the nature and character and to the extent
hereinafter set forth, in respect to the land of the grantor situated in Watauga County, North
Carolina, as described in Exhibit A, and hereinafter referred to as the "Conservation Easement
Area". For a plat of the above described Conservation Easement, please see plat titled
"Conservation Easement' recorded in Plat Book 016, Page 220 of the Watauga County Registry.
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set forth:'
ARTICLE I. DURATION OF EASEMENTS; ACCESS
A. Conservation Easement. This Conservation Easement shall be perpetual. It is an
easement in gross, runs with the land and is enforceable by the WRC or its successors and/or
assigns against the Grantor(s), Grantor(s) heirs, devisees, successors and assigns, lessees, agents
and licensees.
B. Public Access. The easement rights granted herein do not include public access rights.
However, the public has the right to view the Conservation Easement Area from any adjacent
publicly accessible area.
ARTICLE II. PROHIBITED, RESTRICTED AND RESERVED ACTIVITIES
Any activity on, or use of, the designated Conservation Easement Area inconsistent with the
purposes of this Conservation Easement is prohibited. Unless expressly reserved as a compatible
use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited
as inconsistent with the purposes of the Conservation Easement. The Conservation Easement Area
shall be maintained in its natural, scenic and open condition and restricted from any development
or alteration that would significantly impair or interfere with the conservation values of this
Conservation Easement Area. Any rights not expressly reserved hereunder by the Grantor have
been acquired by the WRC.
Without limiting the generality of the foregoing,, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
1. Silvicultural Use and Land Clearing. There may be no destruction or cutting of trees or
plants in the Conservation Easement Area, except in accordance with the Conceptual
Restoration Plan, attached hereto as Exhibit B, or upon written approval of the WRC.
2. 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.
3. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other material,
and no change in the topography of the land in any manner on the Conservation Easement
Area nor shall there be any activities conducted on the Conservation Easement Area or on
adjacent property if owned by the Grantor and their successors which would cause erosion
or siltation on the Conservation Easement Area.
4. Grantor's Rights. The Grantor, for themselves, their successors, assigns, invitees and
licensees, hereby reserves the right to quiet enjoyment of the Conservation Easement Area;
the right of ingress and egress to the Conservation Easement Area and all adjacent property
of the Grantor; and the right to sell, transfer, gift or otherwise convey the Conservation
Easement Area, in whole, provided such sale, transfer or gift conveyance is subject to the
terms of this Conservation Easement and written notice is provided to the WRC in
2

accordance with the provisions herein below.
5. W RC's Ri hts. The WRC reserves the right to use the Conservation Easement Area in
any way necessary, consistent with the terms herein, to undertake any activities to protect,
restore, manage, maintain, or enhance stream functional values, and monitor the restoration
resources, as described in the Conceptual Restoration Plan Exhibit B) for the Conservation
Easement Area, in order to mitigate for impacts to streams resulting from road construction.
These mitigation activities include, but are not limited to, construction of new stream
channels; restoration/stabilization of existing stream channels; installation of natural and
man-made materials as needed to direct in-stream, above ground, and subterraneous water
flow; planting of trees, shrubs and herbaceous vegetation; collecting live cuttings; and
utilization of heavy equipment to grade, fill, and prepare the soil. The WRC further reserves
the right to monitor the results of the mitigation activities in perpetuity and to repair or. restore
any damage to the Conservation Easement Area occurring after initial completion of the
construction associated with mitigation activities.
ARTICLE III. ENFORCEMENT AND REMEDIES
Nothing contained herein shall be construed to entitle the Grantor or WRC to bring any
action against the other party for any injury or change in the Property resulting from causes beyond
the control of either party, including fire, flood, storm, war, acts of God or third parties, or from any
prudent action taken in good faith by either party 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, in accordance hereunder.
The WRC has the right to prevent any action on or use of the Conservation Easement Area
that is inconsistent with the purpose of this Conservation Easement and to require the restoration
of such areas or features of the Conservation Easement Area that may be damaged by any
inconsistent activity or use. If the WRC determines that the Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened, WRC shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and, where
the violation involves injury to the Conservation Easement Area resulting from any use or activity
inconsistent with the purpose of this Conservation Easement, to restore the. portion of the
Conservation Easement Area so injured. If Grantor fails to cure the violation within thirty (30) days
after- receipt of notice thereof from WRC, or under circumstances where the violation cannot
reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the
thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, WRC may
bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this
Conservation Easement, to enjoin the violation, as necessary, by temporary or permanent injunction,
to recover any damages to which it may be entitled for violation of the terms of this Easement,
including damages for the loss of conservation values, and to require the restoration of the
Conservation Easement Area to the condition that existed prior to any such injury. If the WRC, in
its sole discretion, determines that circumstances require immediate action to prevent or mitigate
significant damage to the conservation values of the Conservation Easement Area, the WRC may
pursue its remedies without prior notice to the Grantor. WRC shall exercise reasonable efforts to
notify the Grantor and shall, in any event, notify Grantor within two business days after action is
taken to explain the action undertaken.
WRC's remedies shall be cumulative and shall be in addition to any other rights and
remedies available to WRC at law or equity. Any cost incurred by WRC in enforcing the terms of
this Conservation Easement against Grantor or its successors or assigns, including, without
limitation, costs of suit and attorney's fees, and any costs of restoration necessitated by Grantor's
violation of the terms of this Conservation Easement shall be borne by Grantor.
No failure on the part of the WRC to enforce any covenant or provision hereof shall be a
waiver to discharge or invalidate such covenant or any other covenant, condition, or provision hereof
or affect the right of WRC to enforce the same in the event of a subsequent breach or default.
The Grantor reserves the right to take action against the WRC for use of the Conservation
Easement Area in a way that is inconsistent with the purpose of this Conservation Easement. Any
cost incurred by Grantor in enforcing the terms of this Conservation Easement against WRC or its
successors or assigns, including, without limitation, costs of suit and attorney's fees, shall be borne
by WRC.
ARTICLE IV. MISCELLANEOUS
A. Amendments. The NCDOT, WRC and Grantor may amend this Conservation Easement;
only by a jointly executed written agreement, and provided that no amendment will be allowed that
is inconsistent with the purposes stated herein, and provided that it is approved by the USACE.
B. Exhibits. The attached Exhibit A, Exhibit B and Plat recorded in Plat Book 016, Page 220
of the Watauga County Registry are incorporated in and made a part of this instrument by reference.
3
The parties acknowledge that the Conceptual Restoration Plan, developed by g \WR ; Pic i&gi§t qn 9
dated June 2002 (Exhibit B), a copy of which is on file at the office of the NCDOT and the WRC, end
which is also attached hereto and incorporated herein, describes the plan for mitigation activities
in the Conservation Easement Area.
C. Title. The Grantors covenant and represent that the Grantors are the sole owner and are
seized of the Property in fee simple and have good right to grant and convey the aforesaid
Conservation Easement; that the Conservation Easement Area is free and clear of any and all
encumbrances, except easement and leases of record or in effect by prescriptive rights as of the
date hereto, and Grantors covenant that the WRC shall have the use of and enjoy all of the benefits
derived from and arising out of the aforesaid easements conveyed. The easements conveyed
herein shall run with the land and must be made part of any transfer of title by the Grantors.
D. Notification. Except as otherwise provided herein, any notices shall be sent by registered
or certified mail, return receipt requested to the parties at their addresses shown above or to other
addresses as either party establishes in writing upon notification to the other.
E. Entire Agreement. This instrument 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 said easements. If any provision is found to be invalid,
the remainder of the provisions of this Conservation Easement, and the application of such provision
to persons or- circumstances other than those as to which is found to be invalid, shall not be affected
thereby.
F. Recording. The NCDOT shall record this instrument and any amendment hereto in
timely fashion with the Office of the Register or Deeds of Watauga County, North Carolina, and may
re-record it at any time as may be required to preserve its right under this Conservation Easement.
G. Costs and Liabilities. The Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property,
including the payment of all taxes, assessments, fees, and charges of whatever description levied
on or assessed against the property.
G. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. § 121-34, which authorizes the
creation of Conservation Easements for purposes including those set forth in the recitals herein, and
the conservation purposes of this Conservation Easement, including such purposes as are defined
in Section 170(h)(4)(A) of the Internal Revenue Code.
H. Authorized Representative. All parties agree that the NCDOT is an authorized
representative of the WRC for purposes of this Conservation Easement
J. Conservation Purpose. The WRC, for themselves, and their successors and assigns
agree that this Conservation Easement shall be held exclusively for conservation purposes. The
parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and
assignable, provided, however, that the WRC hereby covenants and agrees that in the event they
transfer or assign this Conservation Easement they hold under, the organization receiving the
interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal
Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder,
which is organized or operated primarily for one of the conservation purposes specified in Section
170(h)(4)(A) and section 2301 of the Internal Revenue Code, and the WRC 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 to carry out in perpetuity the conservation purposes that the contribution was
originally intended to advance, set forth in the Recitals herein.
TO HAVE AND TO HOLD the aforesaid Conservation Easement unto the NORTH
CAROLINA WILDLIFE RESOURCES COMMISSION, its successors and assigns, forever. The
rights and obligations set forth herein shall inure to and be binding upon the Grantor and thq WRC,
their heirs, executors, NCDOTs, assigns and successors in title or interest.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused this
instrument to be signed in their respective names by authority duly given, the day and year first
above written.
ANTOR(S): ' J&A . .....
(Seal) (Seal)
17 Joe Elmer Proffi Alma qiyee Proff t
(Seal) (Seal)
(Seal) (Seal)
4
HK0778PG.180
STATE OF NORTH CAROLINA, COUNTY OF WATAUGA
I, Anthony A. Adams a Notary Public of Alexander County do hereby certify that Joe Elmer Proffitt and wife
Alma Joyce Proffitt, Grantor(s), personally appeared before me this day and acknowledged the execution of
the foregoing instrument. Witness my hand and official stamp or seal, this 2nd day of August, 2002.:;
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Notary Public
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NCDOT: ?t,, 4
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ACCEP TH MENT OF TRANSPORTATION BY: t;: • f
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NOV 0 7 2002
name and title
ASST MANAGER OF RIGHT OF WAY
NORTH CAROLINA, COUNTY OF W
I, - 36'1 I-e a Notary Public of L1°-e- County do hereby ce
r . .4fj;jTe_,4 r r1n _ ?„?1•? of /t afi_____ _, of the Nort
Department of Transportation, personally appeared before me this day and acknowledged the, Uj`dc'
the foregoing instrument.* Witness my hand and official stamp or seal, this,
A/o ti(evw /z,fv , 2002. b..•,,, aul't+ ; 1v do su r it is
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My Commission Expires:
Notary Public j ?.
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ACCEPTED FOR THE WILDLIFE RESOURCES COMMISSION BY:
name and title
NORTH CAROLINA, COUNTY OF WAKe,
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I.-BAt?da CAICUll Le-UtuL , a Notary Public of County do hereby,cen."
Obarlv._ R. RutwC+or1 , ?xrs ;ar 'D'?recFar' , of the North Car Olin ?lll,1 (
Resources Commission, personally appeared before me this day and acknowledged the Qzecutibn;ofith
foregoing instruments Witness my hand and official stamp or seal, this _(a day of Lti-4D? ' y
2002. BanN aufl.p /i ?i-Q 4V d o 5o o t, 6,.L.W 0 ie tj g(-
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,&Vt4? LII/A/ a AC..u c.> My Commission Expires: `?k J,
Notary Public T O
The foregoing Certificate(s) of , Notaries/Notary Public, is/are
certified to be correct. This instrument and this certificate are duly registered at the date and time and in the
Book and Page shown on the first page hereof. This the _ day of , 2002.
Register of Deeds For Watauga County
BY:
Deputy/Assistant Register of Deeds
NORTH CAROLINA
WATAUGA COUNTY

The foregoing certificate(s) of Anthony A. Adams, Notary Public, Alexander County,
NC, D.M. Bailey, Notary Public, Lee County, NC, and BeLinda Carroll LeQuinne, Notary
Public, Wake County, NC, are certified to be correct. This 2nd day of December
2002.
Wa a C. cott - Registe Deeds
By.

Deputy
5
BK0778PG181
"EXHIBIT A"
Parcel (706WM)1 B-Joe Proffitt
The conservation easement area shown as Parcel #(706WM)1 B of Joe Proffitt, being more
particularly shown and described on a plat entitled Survey of Conservation Easement and being
recorded in Plat Book 016 Page 220 of the Watauga County Registry.
"EXHIBIT B"
1. Conceptual Stream Mitigation Plan (A copy of which is on file at the office of the NCDOT and
the W RC.

6
l _ COPY
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® Forth Carolina Wildlife Resources Commission®
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Steve Lund, Highway Projects Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
FROM: Joe H. Mickey, Jr., Regional Coordinator
Habitat Conservation Program original signed by
DATE: December 18, 1998 Joe Mickey

21598

SUBJECT: Request by Wright Brothers Construction to waive the no work period in the trout stream buffer
zone for the Laxon Creek relocation associated with the US 421 project, R-529 BB, Watauga
County.
Wright Brothers Construction is requesting a waiver of the no construction in the trout stream buffer zone
from January 1 through April 15 in order to complete the Laxon Creek stream relocation at the culvert site. They
are in the process of completing the channel relocation above and below the culvert. It is hoped that all work will
be completed by January 1, 1999. However, due to weather or other problems encountered between now and
December 31, 1998, this might not be the case. I have discussed this issue with Mr. Todd Hodges, Wright Brothers
Construction, and have no objection to granting a two week extension to complete the work. Channel relocation
work must be completed by January 15, 1999. I have based my decision on the fact that Laxon Creek contains poor
trout habitat, and few, if any wild trout. Granting an extension should have very minimal impacts on aquatic
resources.
Plans are to complete the channel relocation above culvert in the dry, with banks of the relocated channel
stabilized with sod salvaged from the site. All instream channel structures (root wads, rock vanes, channel bed
materials) will be installed before water is diverted into the new channel. Some instream work may be required at
the site once the berm is removeu and water is divcl:ed into the ilev; channel. At the 100 foot uncompleted section
immediately below the culvert that ties into the new relocated channel, some instream work might be required since
water has been diverted through the new relocated channel at this location. Every effort will be made to avoid
working in live water. I will be assisting Wright Bros. Cons. with the channel relocation.
These comments have been provided in accordance with provisions of the Clean Water Act of 1977 (33
U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
If you have any questions or concerns regarding this extension of the no work period, please contact Mr.
Todd Hodges, Wright Bros. Cons. at 828/264-4251 or me at 336/366-2982 before January 1, 1999.
cc: Wade Hoke, DOT
,/ohn Dorney, DWQ
Todd Hodges, Wright Bros. Cons.