20190239 Ver 2_Merritt, Katie Staff Report_20201104

Initial Review and Submittal
ID#* 20190239 Version* 2
Mitigation Project Submittal - 11/3/2020
Type of Mitigation Project:*
r Stream r Wetlands rJ Buffer rJ Nutrient Offset
(Select all that apply)
Is this a Prospectus,Technical Proposal or New r Yes r No
Site?*
Project Contact Information
Contact Name:*
Andrea Eckardt
Project Information
Existing 20190239
(DWR)
I D#:
Project Name: Moccasin Creek Bank
Project Type:* r DMS r Mitigation Bank
County: Johnston
Document Information
Email Address:*
[e-mail]
Existing 2
Version: (nurrbersonly)
Mitigation Document Type:*
Mitigation Conservation Easement
All attachments have been uploaded into Laserfiche for your review.
Signature
Print Name:* Andrea Eckardt
Signature:*
0 , 1 f1w, 6wwlf *I-

Staff Review
Staff Review by Merritt, Katie
Project Location: WaterResources\DWR - Wetlands Program\Non DOT\20190239\Ver 2
Staff Comments
File Upload Jpgorpdfonly
Staff Review 11/04/2020
Completed Date:

ID#* 20190239 Version* 2
Select Reviewer:*
Katie Merritt
Initial Review Completed Date 11/04/2020
Mitigation Project Submittal - 11/3/2020
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
r Stream r Wetlands W Buffer V Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Andrea Eckardt
Project Information
..................................................................................................................................................................
ID#:* 20190239
Existing IDY
Project Type: r DMS r Mitigation Bank
Project Name: Moccasin Creek Bank
County: Johnston
Document Information
Email Address:*
[e-mail]
Version:
*2
Existing Version
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: MoccasinCreek Recorded Easementa nd Plat. pdf 1.08MB
Rease upload only one RDFcf the conplete file that needs to be subnitted...
Signature
Print Name:* Andrea Eckardt
Signature:*
(t WlrtlC

Filed in JOHNSTON COUNTY COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 10/30/2020 04:26:27
DEED BOOK: 5743 PAGE: 22-39 INSTRUMENT # 2020686405
Real Estate Excise Tax: $314.00 Deputy/Assistant Register of Deeds: LaWanda Neal
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
'u3Ig1'�
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this :�� day of
CSC �o`AP , 2020 by and between Daniel F. and Paula S. Kornegay Jr., ("Grantor") and Unique
Places to Save. ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being'in Johnston County,
North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein
("Property") and being a portion of the properties conveyed to the Grantor by deed as recorded in Deed
Book 4039 at Page 385 of the Johnston County Registry, North Carolina (PIN 262414-33-7734, ID
12008024);
WHEREAS, Grantee is a 501(c)(3) North Carolina nonprofit corporation whose purpose. is the
conservation of the property and which is qualified to be the Grantee of a conservation easement
pursuant to N.C. Gen. Stat.§ 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the
Property in its natural state,_ which includes the following natural communities: unnamed tributaries and
open field ditches to the Neuse River which contribute to the overall water quality of the hydrologic system
and provide enhanced wildlife habitat once the vegetated buffers are created. The purpose of this
Conservation Easement is to maintain riparian resources and other natural values of approximately 16.3
acres, more or less, and being more particularly described on a survey in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or
development of the Conservation Easement for any purpose or in any manner that would conflict with the
maintenance in its natural condition.
1

DEED B: 5743 P: 23
WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings III,
LLCs ("Wildlands") Moccasin Creek Mitigation Banking Instrument (DWR #2019-0239v2). The Conservation
Easement Area will be restored to a natural vegetated condition as provided in and specified in the
Moccasin Creek Mitigation Bank Parcel Development Package ("BPDP"). The Moccasin Creek Mitigation
Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued
by the North Carolina Division of Water Resources ("NCDWR") and to provide mitigation for nutrient
offsets due to development (both existing and proposed) within restricted areas of the Neuse River Basin.
Grantor and Grantee agree that third party rights of enforcement shall be held by the NCDWR and that
these rights are in addition to, and do not limit the rights of the parties to the Mitigation Banking
Instrument.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and
for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs,
successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character
and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B,
together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross,
runs with -the land and is enforceable by Grantee against Grantor, Grantor's personal representatives,
heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural
condition and restricted from any development that would impair or interfere with the conservation values
of the Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited,
restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any introduction of non-native plants and/or
animal species is prohibited, except in areas within the Conservation Easement Area where the District has
maintenance rights as conveyed by the Site Viability Letter from the North Carolina Department of
Environmental Quality dated November 22, 2019 (see Exhibit C).
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit,
line, pier, landing, dock or any other temporary or permanent structure or facility on or above the
Conservation Easement Area.
2

DEED B: 5743 P: 24
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited in the Conservation Easement
Area.
- D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Conservation Easement Area, except in areas within .
the Conservation Easement Area where the District has maintenance rights as conveyed by the Site
Viability Letter from the North Carolina Department of Environmental Quality dated November 22, 2019
(see Exhibit C).
F. Roads and Trails. There shall be no construction of new roads, trails or walkways on the
Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except
the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement
Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement
Area and/or signs identifying the Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement
of underground or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials,
and no change in the topography of the land in any manner on the Conservation Easement Area.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water
control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage
patterns. In addition, diverting or causing or permitting the diversion of surface or underground water
into, within or out of the Conservation Easement Area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a transferable development
rights scheme or cluster development arrangement or otherwise..
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access
for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as
described in the BPDP or by. the Drainage District in the identified travel way only as described in Article
VI.
3

DEED B: 5743 P: 25
M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area
which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation
Easement Area substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the
right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this
Conservation. Easement, including, but not limited to, the right to quiet enjoyment of the Conservation
Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation
Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in
whole or in part, provided such sale, transferor gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, successors and assigns, and the
Bank Sponsor, Wildlands Holdings III, LLC the right to construct a nutrient offset and riparian buffer
mitigation bank within the Conservation Easement Area, in accordance with the Moccasin Creek Bank
Parcel Development Package approved in accordance with the Moccasin Creek Mitigation Banking
Instrument.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and NCDWR, shall have the right to
enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting
said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The
Grantee shall also have the right to enter and go upon the Property and the Conservation Easement Area
for purposes of making scientific or educational observations and studies and taking samples. The
easement rights granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent
any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this
Conservation Easement and to require the restoration of such areas or features of the Conservation
Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this
Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to
correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee
may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive
and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the
19

DEED B: 5743 P: 26
term of this Conservation Easement is orwould irreversibly or otherwise materially impair the benefits to
be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The
rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other
rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a
breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall
be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have
the same right to enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from
causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or
third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to
Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes.
ARTICLE VI -
MISCELLANEOUS
A. Drainage District. The Property is located within the Moccasin Creek Drainage District
("Drainage District"), where active maintenance can be performed on Moccasin Creek and its unnamed
tributaries, as authorized by the Drainage District. Per the Site Viability Letter from the North Carolina
Department of Environmental Quality dated November 22, 2019, the Drainage District access to Moccasin
Creek and its tributaries on the Property is limited to a fifteen (15) foot travel -way ("Maintenance Area").
The width and location of the Drainage District's travel -way on the Property was acknowledged by Mr.
Richard D. Braswell, the Chairmen of the Moccasin Creek Service District in a letter dated February 12,
2020. Both letters are included in Exhibit C as well as a map of the "Maintenance Area".
B. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the granting
of this Conservation Easement or that there are no outstanding mortgages,'tax liens, encumbrances, or
other interests in the Property which have not been expressly subordinated to this Conservation Easement.
However, Grantor does warrant that rights of the Drainage District for access and maintenance of the
Maintenance Area is not subordinate to this Conservation Easement. Grantor further warrants that
Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation
Easement, and that Grantor will warrant and defend title to the.Property against the claims of all persons.
C. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Conservation Easement Area. The Grantor agrees to provide written notice to the Grantee of such
transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the
terms of this Conservation Easement shall survive any merger of the fee and easement interests in the
5

DEED B: 5743 P: 27
Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated
without the prior written consent and approval of NCDWR.
D. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest
will be a qualified holder under N.C. Gen. Stat. § 121-34 etseq. and § 170(h) of the Internal Revenue Code,
and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such
that the transferee or assignee will be required to continue in perpetuity the conservation purposes
described in this document.
E. Entire Agreement and Severability. 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 Conservation Easement. If any provision is found to be
void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and
effect.
F., Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability
of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property,
except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply
with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved
Rights.
G. Extinguishment. In the event that changed conditions render impossible the continued use
of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only
be extinguished, in whole or in part, byjudicial proceeding.
H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the
exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the
full value of the taking, and all incidental and direct damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Conservation Easement Area is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain,
Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that
the fair market value of this Conservation Easement shall be determined by multiplying the fair market
value of the Conservation Easement Area unencumbered by this Conservation Easement (minus any
increase in value after the date of this grant attributable to improvements) by the ratio of the value of this
easement at the time of this grant to the value of the Conservation Easement Area (without deduction for
the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall
be the values used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code,(whether eligible or ineligible for such
a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this

DEED B: 5743 P: 28
Conservation Easement.
J. Notification. Any notice, request for approval, or other communication required underthis
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following
addresses (or such address as may be hereafter specified by notice pursuant to this paragraph):
To Grantor:
Daniel F. and Paula S. Kornegay Jr
610 Worley Road
Princeton, NC 27569
To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
Attention: Conservation and Mitigation Specialist
To NCDWR:
NCDENR — Division of Water Resources
401 & Buffer Permitting Unit
Attn: Nutrient Offset Banking Coordinator
1650 Mail Service Center
Raleigh, NC 27699-1650
K. Failure of Grantee. Ifat any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after
the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation
Easement, then the Grantee's interest shall become vested in another qualified grantee upon approval by
the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in writing signed
by all parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement.or the status of the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
M. Present Condition of the Conservation Easement Area.
a. Bank Parcel Development Plan. The wetlands, scenic, resource, environmental, and other
natural characteristics of the Conservation Easement Area, and its current use and state of improvement,
are described in Section 2 of the Bank Parcel Development Package, dated September 2019, prepared by
Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof.
Both Grantor and Grantee have copies of the Bank Parcel Development Package. It will be used by the
parties to assure that any future changes in the use of the Conservation Easement Area will be consistent
with the terms of this Conservation Easement. However, this report is not intended to preclude the use
of other evidence to establish the present condition of the Conservation Easement Area if there is a
controversy over its use.
7

DEED B: 5743 P: 29
b. Baseline Documentation Report. The characteristics of the Conservation Easement
Area and the status of improvements and development shall be described in a Baseline Documentation
Report (the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall
be acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the
mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation
project). Both the Grantee and the Grantor will have copies of this report, and a copy will be retained in
the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in the use
of the Conservation Easement Area will be consistent with the terms of this Conservation Easement.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
8

DEED B: 5743 P: 30
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
GRANTOR:
By:L
Daniel F. Kornega
Date: 4 -eV -- 2Q a cl
By: (� k,—."
Paula S. Kornegay
Date: _lD �02Q-�-O
NORTH CAROLI NA COUNTY OF Ill
V.
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kALl
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PVe ;
I, Kovkipmo a Notary Public in and forthe County and State aforesaid, do hereby
certify that Daniel F. Ko­cdegaJlr and Paula S. Kornegay, Grantor, personally appeared before me this day
and acknowledged the execution of the foregoing instrument,
IN WITH SS WHEREOF, I have hereunto set my han-.r11E{•••••••• al this the �I!' day of
0r9 Piles , 2020.
A,M
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Nota
My Comm
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0

DEED B: 5743 P: 31
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above
written.
GRANTEE:
UNIQUE PLACES TO SAVE
By: (SEAL)
Jeffrey Fisher, o rd air
Date: a22!�
NORTH CAROLINA COUNTY OF
a Notary Public in and forthe County and State aforesaid, do hereby
certify that Jeffrey Fisher, Grantee; personally appeared before me this day and acknowledged that he is
Board Chair of Unique Places to Save, a non-profit corporation, and that he, as Board Chair, being.
authorized to do so, executed the foregoing on behalf of the corporation.
WITNESS. WHEREOF, I have hereunto set my hand and Notary Seal this the c7gOk day of
1 t�1 202VO
Notary Public
�r ,
rc�\NE E C�� y, My commission expires:
_v �OTAR.y
.`-'PUBL%rj`
UN'� a�
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EXHIBIT A
11
0
J

DEED B: 5743 P: 33
EXHIBIT B
A Conservation Easement for Wildlands Engineering, Inc,
"Moccasin Creek Riparian Buffer and Nutrient Offset Mitigation Bank"
Property of Daniel and Paula Kornegay Jr.
12

DEED B: 5743 P: 34
RESTRICTIONS OF RECORD. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO PROVIDE A METES AND
BOUNDS DESCRIPTION FOR A CONSERVATION EASEMENT.
EASEMENT AREA 3
COMMENCING AT A 1" IRON PIPE FOUND 0.3' ABOVE THE EXISTING GROUND, BEARING NC GRID
COORDINATES NORTHING: 645,000.89' AND EASTING: 2,222,153.64', SAID POINT BEING A,COMMON
CORNER WITH THERESA B. DALE (NC PIN: 262424-33-9777 & JOHNNIE PEARL & JOHN A. WALL (NC PIN:
262414-33-4724; THENCE S 89°25'19" E A DISTANCE OF 214.11' TO A 5/8" IRON REBAR SET FLUSH WITH
THE EXISTING GROUND;, THENCE S 89°25'19" E A DISTANCE OF 189.22' TO A COMPUTED POINT IN A
CREEK; THENCE S 27°02'27" E A DISTANCE OF 73.47' TO A COMPUTED POINT IN A CREEK; THENCE S
56°32'41" E A DISTANCE OF 548.30' TO A COMPUTED POINT IN A CREEK; THENCE S 56'32'41" E A
DISTANCE OF 72.26' TO A COMPUTED POINT IN A CREEK; THENCE S 64°02'26" E A DISTANCE OF 15.36' TO
A COMPUTED POINT IN A CREEK; THENCE S 64°02'26" E A DISTANCE OF 88.65' TO A COMPUTED POINT IN
A CREEK; THENCE S 34°59'13" E A DISTANCE OF 294.23' TO A COMPUTED POINT IN A CREEK; THENCE S
44°50'24" E A DISTANCE OF 262.09' TO A COMPUTED POINT IN A CREEK; THENCE S 44°50'24" E A
DISTANCE OF 30.43' TO A COMPUTED POINT IN A CREEK AND BEING THE POINT AND PLACE OF
BEGINNING;
THENCE S 44°50'24" E A DISTANCE OF 46.17' TO A COMPUTED POINT IN A CREEK; THENCE S 46°09'54" E
A DISTANCE OF 48.04' TO A COMPUTED POINT IN A CREEK; THENCE S 39'23'02" W A DISTANCE OF
203.04' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE N 45°37'23" W A
DISTANCE OF 80.52' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE N
35°34'24" E A DISTANCE OF 204.86' TO A COMPUTED POINT IN A CREEK WHICH IS THE POINT OF
BEGINNING, HAVING AN AREA OF 17,649.80 SQUARE FEET/ 0.405 ACRES.
THE PROPERTY DESCRIPTION HEREON IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS, AND
RESTRICTIONS OF RECORD. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO PROVIDE A METES AND
BOUNDS DESCRIPTION FOR A CONSERVATION EASEMENT.
EASEMENT AREA 4
COMMENCING-ATA 1" IRON PIPE FOUND 0.3' ABOVE THE EXISTING GROUND, BEARING NC GRID
COORDINATES NORTHING: 645,000.89' AND EASTING: 2,222,153.64', SAID POINT BEING A COMMON
CORNER WITH THERESA B. DALE (NC PIN: 262424-33-9777 & JOHNNIE PEARL & JOHN A. WALL (NC PIN:
262414-33-4724; THENCE S 89°25'19" E A DISTANCE OF 214.11' TO A 5/8" IRON REBAR SET FLUSH WITH
THE EXISTING GROUND; THENCE S 89°25'19" E A DISTANCE OF 189.22' TO A COMPUTED POINT IN A
CREEK; THENCE S 27°02'27" E A DISTANCE OF 73.47' TO A COMPUTED POINT IN A CREEK; THENCE S
56°32'41" E A DISTANCE OF 548.30' TO A COMPUTED POINT IN A CREEK; THENCE S 56°32'41" E A
DISTANCE OF 72.26' TO A COMPUTED POINT IN A CREEK; THENCE S 64°02'26" E A DISTANCE OF 15.36' TO
A COMPUTED POINT IN A CREEK; THENCE S 64°02'26" E A DISTANCE OF 88.65' TO A COMPUTED POINT IN
A CREEK; THENCE S 34'59'13" E A DISTANCE OF 294.23' TO A COMPUTED POINT IN A CREEK; THENCE S
44°50'24" E A DISTANCE OF 262.09' TO A COMPUTED POINT IN A CREEK; THENCE S 44'50'24" E A
DISTANCE OF 30.43' TO A COMPUTED POINT IN A CREEK; THENCE S 44°50'24" E A DISTANCE OF 46.17' TO
A COMPUTED POINT IN A CREEK; THENCE S 46°09'54" E A DISTANCE OF 48.04' TO A COMPUTED POINT IN
A CREEK; THENCE S 46°09'19" E A DISTANCE OF 51.64' TO A COMPUTED POINT IN A CREEK AND BEING
THE POINT AND PLACE OF BEGINNING;
THENCE S 60°48'59" E A DISTANCE OF 96.53' TO A COMPUTED POINT IN A CREEK; THENCE N 74'13'31" E
A DISTANCE OF 412.85' TO A COMPUTED POINT IN A CREEK; THENCE S 66°21'01" E A DISTANCE OF 45.91'
TO A COMPUTED POINT IN A CREEK; THENCE S 47°27'10" E A DISTANCE OF 46.12' TO A COMPUTED
13

DEED B: 5743 P: 35
POINT IN A CREEK; THENCE S 69°53'17" E A DISTANCE'OF 399:16' TO A COMPUTED POINT IN A CREEK;
THENCE S 41°54'04" E A DISTANCE OF 357.55' TO A COMPUTED POINT IN A CREEK; THENCE S 64°36'43" E
A DISTANCE OF 237.13' TO A COMPUTED POINT IN A CREEK; THENCE N 58°03'09" E A DISTANCE OF
51.44' TO A COMPUTED POINT IN A CREEK; THENCE S 78'58'01" E A DISTANCE OF 96.39' TO A
COMPUTED POINT IN A CREEK; THENCE N 85°29'57" E A DISTANCE OF 95.57' TO A COMPUTED POINT IN
A CREEK, THENCE S 16°30'16" W A DISTANCE OF 224.82' TO A 5/8" IRON REBAR SET FLUSH WITH THE
EXISTING GROUND; THENCE N 86°43'45" W A DISTANCE OF 276.28' TO A 5/8" IRON REBAR SET FLUSH
WITH THE EXISTING GROUND; THENCE N 63°11'21" W A DISTANCE OF 241.66' TO A 5/8" IRON REBAR SET
FLUSH WITH THE EXISTING GROUND; THENCE N 43°55'31" W A DISTANCE OF 378.89' TO A 5/8" IRON
REBARSET FLUSH WITH THE EXISTING GROUND; THENCE N 70°11'16" W A DISTANCE OF 376.34' TO A
5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE S 77'11'10" W A DISTANCE OF
404.33' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE S 83°13'23" W A
DISTANCE OF 206.59' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE S
39'23'16" W A DISTANCE OF 88.35' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND;
THENCE S 55'51'26" W A DISTANCE OF 174.16' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING
GROUND; THENCE N 56°06'06" W A DISTANCE OF 88.84' TO A'COMPUTED POINT IN A CREEK; THENCE N
61'49'59" E A DISTANCE OF 201.65' TO A COMPUTED POINT IN A CREEK; THENCE N 39°46'59".E A
DISTANCE OF 388.97' TO A COMPUTED POINT IN A CREEK WHICH IS THE POINT OF BEGINNING, HAVING
AN AREA OF 413,786.54 SQUARE FEET / 9.499 ACRES.
THE PROPERTY DESCRIPTION HEREON IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS, AND
RESTRICTIONS OF RECORD. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO PROVIDE A METES AND
BOUNDS DESCRIPTION FOR A CONSERVATION EASEMENT.
Being all of four conservation easement areas containing a total of 16.27 Acres, being the, same more or
less, according to plats of survey entitled "A Conservation Easement Plat for Wildlands Engineering, Inc,
Moccasin Creek Riparian Buffer and Nutrient Offset Mitigation Bank", on the property of Daniel F
Kornegay Jr and Paula S Kornegay. This description of land was prepared from an actual survey under the
supervision of Caleb Troy Clayton, N,C PLS (License # L-5306) and shown on plats of survey, as recorded in
Plat Book—!�D— Pages of the Johnston County Register of Deeds, to which reference should be
made for a more complete description.
14

DEED B: 5743 P: 36
EXHIBIT C
Site Viability Letter from NCDWR and Letter from Moccasin Creek Drainage District and map of
Maintenance Area.
15

DEED B: 5743 P: 37
WILDLANDS
E NGI MEER INC.
Via email to: [e-mail]
February 12, 2020
Mr. Richard D. Braswell
Chairman
Moccasin Creek Service District
2736 NC Hwy. 210
Smithfield, NC 27577
RE: Notification and Confirmation that the Johnston County Drainage District #1: Moccasin
Creek Watershed Central Drainage District maintenance is limited on Parcel 262414-33-7734
Dear Dicky,
Wildlands Engineering, Inc. is planning a riparian buffer and nutrient offset mitigation bank on
the Johnston County Parcel ID 262414-33-7734 owned by Daniel F. and Paula S. Kornegay. The
attached Exhibit A shows the parcel and the approximate area of the buffer mitigation bank
project. Wildlands' plans are to record a permanent conservation easement approximately in
the areas shown on Exhibit A. Once approved by the NC Division of Water Resources, we will
plant trees throughout the easement area.
As we have previously discussed, the Central Drainage District maintains an access route on the
North side of Moccasin Creek and does not have an easement or right of access on the South
side of Moccasin Creek. However, as a part of its approval process for the buffer restoration
project, the NC Division of Water Resources is requiring that we coordinate with the Drainage
District to document that any future travel -way within the proposed conservation easement
area for the Drainage District will be limited to 15 feet from the top of Moccasin Creek and the
lateral streams coming into Moccasin Creek on the site. This would apply to any future
maintenance contracts issued for the project parcel as well.
Your signature on page two of this letter indicates that you have reviewed the attached
preliminary map and that you see no conflict between the Central Drainage District and the
NCDWR requirements of a limited 15-foot travel -way on the Kornegay's parcel approximately
as shown on the attached Exhibit A.
Page 1 of 2
Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203

DEED B: 5743 P: 38
WIWI
I.
WILDLA-NDS
ENGI NEC V.I NO
Thank you for your understanding and cooperation.
Sincerely Yours,
Robert W.Bugg
Director: Mitigation Development and Credit Sales
Wildlands Engineering, Inc.
rbugg@wildlandseng:com
o) 704-332-7754
m) 704-719-2100
CC: Danny Kornegay
Attachment: Exhibit A showing Parcel 262414-33-7734, the conservation easement area, and
the 15' buffer zone from top of bank for the Central Drainage District's access.
Agreed: -A LAP
Name: Richard D. Braswell
Title: Chairman, Moccasin Creek Service District
Date: 'LJ_&j2020
Page 2 of 2
Wildlands Engineering, Inc. (P) 704332,7754 • 1430 SouthWint Street, Suite 104 • Charlotte, NC 28203

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