20051987 Ver 1_Year 5 Monitoring Report_20101022

IDS - ? q' `1
E a r t h M a r k
MITIGATION SERVICES
Florida • North Carolina • West Virginia
NC DWQ
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
October 21, 2010
Attn: Eric Kulz
Re: Harpers Crossroads Stream Restoration Site
Mr. Kulz:
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WETtA'yDSMDSTORMWATE BRANCH
Enclosed please find one hard copy along with a pdf version on CD of the Year 5 2010
Monitoring Report submittal for the above referenced project, which has also been submitted to
the USACE. Please review this document and let us know if you have any questions. We would
appreciate written verification of your approval of this report or comments about this report or
any issues with the project you feel need to be addressed.
As this is the final report, I have attempted to make it all inclusive with five years of Cross
Section, Profile, Pebble Count, Vegetation and Bank full data all presented in the report.
Progressive photos of selected photo points and all of the vegetation sample plots are also
included. However if you would like a more streamlined Close-out report to be done, please let
me know.
A close-out walk through can be scheduled at any time.
Thank you,

Christine Cook
Environmental Scientist
Mid-Atlantic Mitigation, LLC
Cc: Monte Matthews; USACE
Lee Bowman; Newland Communities
12800 University Dr. Suite 400 Ft. Myers Florida, 33907 ph 239.415.6200 fu 239.415.6298
1960 Derita Road, Concord, NC 28027 ph 704.782.4133 fu 704.782.4148
Harpers Crossroads Stream Restoration Project
County: Chatham
Cataloging Unit: Cape Fear 03030003
Monitoring Firm POC: Mid-Atlantic Mitigation, LLC
Rich Mogensen [phone]
Prepared For: Newland Communities/ USACE
Year 5 (2010) Monitoring Report
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Mid - Atlantic
A N Ii A R 6' i 9 Ns A K K c 0 Ns P :k ti 1'
TABLE OF CONTENTS
1.0 EXECUTIVE SUMMARY PROJECT ABSTRACT 1
2.0 PROJECT BACKGROUND 1
2.1 LOCATION AND SETTING 1
2.2 STRUCTURE AND OBJECTIVES 1
3.0 PROJECT CONDITON AND MONITORING RESULTS 4
3.1 VEGETATION ASSESSMENT 4
3.1.1 Vegetative Problem Areas 4
3.1.2 Stem Counts 4
3.1.3 Vegetation Assessment Summary 6
3.2 CHANNEL STABILITY ASSESSMENT 8
3.2.1 Cross Sections & Pebble Counts 8
3.2.2 Bank Full Events 8
3.2.3 Longitudinal Profiles 9
3.2.4 Photo Reference Points 9
4.0 SITE ASSESSMENT SUMMARY 9
Figure 1: Project Location and Drainage Map
TABLES
Table L Project Activity and Reporting History 2
Table H. Project Contacts 3
Table III. Project Background 3
Table IV. February 2010 Supplemental Planting 4
Table V. Initial number of species planted per zone 5
Table VI. a) Stems per Acre 6
b) Stem Counts & Survival 7
Table VII. Bank Full Events 9
Harpers Crossroads Stream Restoration Project i Monitoring Year 5 of 5
APPENDICES
APPENDIX A. Reach I - Longitudinal Profile
Cross Section 1- Riffle
Pebble Count
Cross Section 2 - Pool
Reach 2 - Longitudinal Profile
Cross Section 3 - Pool
Cross Section 4 - Riffle
Pebble Count
APPENDIX B. Photo Logs
Photo Reference Points
Bankfull Log
APPENDIX C. Vegetation Info
APPENDIX D. Conservation Easement Documents
APPENDIX E. As-Built Monitoring Plan View
Harpers Crossroads Stream Restoration Project ii Monitoring Year 5 of 5
1.0 EXECUTIVE SUMMARY/PROJECT ABSTRACT
On behalf of Newland Communities (Newland) to fulfill mitigation needs for the Briar Chapel
Subdivision (Action ID 200121252), Mid-Atlantic Mitigation, LLC (MAM) with technical
assistance from Stantec Consulting Inc. (Stantec) restored 2,091 linear feet of stream on
an unnamed tributary to Bear Creek in Chatham County, North Carolina on Siler City-
Glendon Road. Construction of the project began in March 2006 with final planting
completed in April 2006.
The Project was monitored once a year for five years (Fall 2006 through Fall 2010) by
Mid-Atlantic Mitigation, LLC (MAM). MAM monitored Harpers Crossroads every year
and submitted a monitoring report to the USACE and NCDWQ by December 31st of each
calendar year. The Project was monitored in regard to overall channel stability and
vegetative survival.
The fifth year monitoring was completed in August 2010. Flows were below base flow at
the time of survey.
2.0 PROJECT BACKGROUND
2.1 LOCATION AND SETTING
The Harpers Crossroads Stream Restoration Site (Harpers Crossroads Site) is located 1.2
miles north of Harpers Crossroads on Siler City-Glendon Road in Chatham County,
North Carolina. The site straddles Siler City-Glendon Road with 1103 linear feet of
restored stream channel on the west side (Reach 1) and 988 linear feet on the east side of
the road (Reach 2). The Site is within the northwest portion of the Cape Fear River
Basin. The USGS has divided this river basin into six 8-dight Hydrologic Units (HUs).
The project is located within HU 03030003, North Carolina Division of Water Quality
(NCDWQ) sub-basin 03-06-12. The project drainage area is approximately 449 acres.
The project area included in the conservation easement consists of 8 acres. The
restoration project is managed and monitored by Mid-Atlantic Mitigation, LLC but the
property is owned by Dennis Phillips and Michael Phillips. The conservation easement
was conveyed to Chatham County Soil and Water Conservation District on February 20th
2008 documentation of easement conveyance is attached (Appendix D).
2.2 STRUCTURE AND OBJECTIVES
This project was designed to provide a stream channel that neither aggrades nor degrades
while maintaining its dimension, pattern, and profile with the capacity to transport the
watershed's water and sediment load. The objective of the restoration plan was to
reestablish the primary stream function and values associated with nutrient removal and
transport, sediment retention, wildlife (both aquatic and terrestrial) habitat, and also to
provide restoration of riparian zones that have been historically used for pasture. Two
emergent/ open water wetland pockets have been incorporated into the restoration of the
entire system. These wetland pockets were utilized in areas where seeps are flowing into
the newly constructed floodplain, and where a drainage swale from an adjacent irrigation
Harpers Crossroads Stream Restoration Project I Monitoring Year 5 of 5
pond intersects the channel. Ultimately, the Harpers Crossroads Site has improved the
overall downstream water quality by reducing the amount of sediment and nutrients being
produced by bank erosion, increased scour, and cattle. It has also improved fish and
aquatic habitat by providing both natural material stabilization structures (rock and log
vanes, and riparian buffer) and by reducing the silt and clay fines in the streambed.
Additional water quality benefits were generated by fencing cattle out of the riparian
corridor.
The restoration of the Unnamed Tributary to Bear Creek utilized a combination of natural
channel design methodologies with limited soil bio-engineering applications and methods
consistent with a Rosgen Priority Level I and 11 -type restoration. Restoration of both
Reach 1 (upstream of culvert on West side of Siler City- Glendon Road, Dennis Phillips)
and Reach 2 (downstream of culvert on east side of road, Michael Phillips) consisted of a
Priority VII stream restoration which included providing a defined, stable channel for the
stream and establishing a forested riparian buffer at least 50 feet wide on either side. A
new C4 type channel was excavated within the conservation easement. The new channel
increased the sinuosity of the stream, reestablished a pool/ riffle pattern, and provided in
stream habitat for aquatic life. In stream structures such as cross vanes, log sills, J-hooks,
and rock vanes were added to provide channel stability and habitat. The restoration of
Reach 1 starts at the fence line of the western property boundary and continues to the
culvert at Siler City-Glendon Road. Restoration of Reach 2 starts at the downstream end
of the culvert crossing under Siler City-Glendon Road and flows generally east until
exiting the eastern property boundary at the fence/woodline. A portion of a small ditch
that flows south into Reach 1 was addressed during construction. A wetland pocket
(Wetland Pocket No. 1) was excavated in the ditch prior to its confluence with Reach 1.
This vegetated wetland pocket acts as a BMP to assist with nutrient removal from
upstream agricultural practices as well as provide habitat for amphibians and other
aquatic and semi-aquatic species. A portion of a small ditch that flows south from an
upstream watering pond into Reach 2 was also addressed during construction. A wetland
pocket (Wetland Pocket No. 2) was excavated in the floodplain within Reach 2. It also
acts as a vegetated BMP with some ephemeral open water to assist with nutrient removal
from upstream agricultural practices and provide habitat.
Table L Project Activity and Reporting History
Activity or Report Actual Completion Date
Restoration Plan Se tember 2005
Construction March 2006
Temporary /Permanent seeding March 2006
Bareroot Plantings March 2006
Containerized Plantings April2006
Mitigation Plan August 2006
Year 1 Monitoring Report November 2006
Year 2 Monitoring Report September 2007
Year 3 Monitoring Report October 2008
Year 4 Monitoring Report September 2009
Year 5 Monitoring Report October 2010
Harpers Crossroads Stream Restoration Project 2 Monitoring Year 5 of 5
Table II. Project Contacts
Project Manager
Mid-Atlantic Mitigation, LLC 1960 Derita Road
Concord, NC 28027
Rich Mogensen [phone]
Designer
Stantec Consultants Inc. 801 Jones Franklin Road, Suite 300
Raleigh, North Carolina 27606
Brad Fairley [phone]
Construction Contractor
Shamrock Environmental Corp. P.O Box 14987
Michael Granson [phone]
Planting & Seeding Contractor
Shamrock Environmental/ MAM 1960 Derita Road
Concord, NC 28027
Seed mixes provided by IKEX Kristy Rodrigue [phone]
Nursery Stock provided by NCDFR,
International Paper, and Mellow Marsh
Nurse
Monitoring Performers 1960 Derita Road
Mid-Atlantic Mitigation, LLC Concord, North Carolina 28027
Christine Cook [phone]
Table III. Project Background
Project Background Table
Project County Chatham
Drainage Area 449 Acres
Physiographic Region Piedmont
Ecoregion 45c Carolina Slate Belt
Wetland Type Palustrine, Forested, Broad-leaved
Deciduous
Dominant soil types Callison-Ligum Complex
Reference site ID UT to Cabin Branch/ Landrum Creek
USGS HUC for Project and Reference 03030003
NCDWQ Sub-basin for Project and Reference 03-06-12
% of project easement fenced 100
Harpers Crossroads Stream Restoration Project 3 Monitoring Year 5 of 5
3.0 PROJECT CONDITION AND MONITORING RESULTS
3.1 VEGETATION ASSESSMENT
3.1.1 Vegetative Problem Areas
No invasive species issues have been identified as of Year 5. Overall, approximately 95
percent of the site shows better than 75 percent cover, which is well within success
criteria. Bare, rocky spots with poor soils have persisted in a few areas. Planted trees
suffered from slow growth and high mortality, but diversity and stem counts on site are
acceptable. Survival since the 2008 replant has been excellent and survival for Year 5 is
discussed in the following sections. In Year 4, measurements taken on the north side of
Reach 1 between the Ford and the wetland pocket indicated that the forested buffer only
reached approximately 32 feet from top of bank. This area was planted with an additional
109 gallon size trees on February 26th, 2010 to increase the buffer to 50 feet in width.
Table IV below lists the number of planted stems by species. Visual observation of this
area during monitoring indicates good survival of the February planting.
Table IV. February 2010 Supplemental Planting
Amt. Common Name Scientific Name
20 River Birch Betula nigra
17 Hackberry Celtis laevigata
19 Tulip polar Liriodendron tuilpifera
11 Black Gum Nyssa slyvatica
16 Swamp Chestnut Oak Quercus michauxii
16 Water Oak Quercus nigra
10 Overcup Oak Quercus lyrata
109 TOTAL
3.1.2 Stem Counts
Four planting zones were established as follows: Zone A - Streambank, Zone B -
Floodplain Forest, Zone C - Upland Forest, Zone D - Wetland Pockets. Zone A consists
mainly of livestakes, but some bareroot seedlings were also planted. The livestake density
varied throughout the project depending on location. On average, livestakes were planted
approximately 3 feet apart and differed in sizes ranging from .25" to 2" in diameter and
2' to 3' in length. Zone B -D consists of bareroot seedlings, tublings and 1 gallon
containers, that were planted randomly 3' to 10' apart throughout the project. Four 10m
by 10m plots were established in the project area (Plots A-D). Plots A and B are on
Reach 1 and plots C and D are on Reach 2. After the Year 2 growing season, success will
be gauged by stem counts of planted species and desirable volunteer species. Photos
taken at established photo points will indicate maturation of riparian vegetation
community. Table V shows the initial number of species that were planted in each zone.
Harpers Crossroads Stream Restoration Project 4 Monitoring Year 5 of 5
Table V. Initial number of species planted per zone

Zone A Streambank=.65 acre
Type
Quantity 2008
Replant
Silky dogwood (Cornus ammonum)** LS 100
Tag alder (Alnus serrulata) Tublin 100
Silky willow (Salix sericea)** LS 100
Buttonbush (Cephalanthus occidentalis)** BR 100 10
Black Willow (Salix nigra)** LS -
River Birch (Betula nigra)** LS -
**Combination of these species were harvested for Zone A LS 3000
Zone B Floodplain Forest= 5.15 acres
Elderberry (Sambucus canadensis) BR 100 35
Blackgum (Nyssa sylvatica) 240
Red Maple (Acer rubrum) 25
Red Chokebeny (Aronia arbutifolia) BR 100 100
Doghobble (Leucothoe axillaries) BR 100
Inkbeny (Ilex glabra) BR 100
Fetterbush (Lyonia lucida) BR 100
River birch (Betula nigra) BR 150 90
Green ash (Fraxinus pennsylvanica) BR 150 60
American sycamore (Platanus occidentalis) BR 100
Willow oak (Quercus phellos) BR 150 45
Overcup oak (Quercus lyrata) BR 200 52
Virginia Sweetspire (itea virginica) 45
Zone C Upland Forest= .05 acre
Winterberry (Ilex verticillata) BR 300
Highbush blueberry (lVaccinium corymbosum) Tubling 300 30
Rhododendron (Rhododendron spp.) al. 100
Beautyberry (Callicarpa americana) BR 300
American sycamore (Platanus occidentalis) BR 300
Willow oak (Quercus phellos) BR 250
American elm (Ulmus americana) BR 300
American holly (Ilex opaca) BR 250
White oak (Quercus alba) BR 300 343
Chestnut oak (Quercus prinus) BR 300
Green ash (Fraxinus pennsylvanica) BR 300
Zone D Wetland=.25 acre
Buttonbush (Cephalanthus occidentalis) BR 100
Silky dogwood (Cornus amonum) BR 100
Green ash (Fraxinus pennsylvanica) BR 50
River birch (Betula nigra) BR 50
Initial Plant= 7,950 2008 Replant = 1,075
Harpers Crossroads Stream Restoration Project 5 Monitoring Year 5 of 5
All species listed were planted on site, but not all were found in the vegetation
monitoring plots. The 2007 (Year 2) Monitoring Report showed stem counts at
acceptable levels, but survival percentages continued to drop due to drought conditions.
Survival outside of the sampling plots visually confirmed this trend. MAM felt it was
better to complete a supplemental planting early before stem counts began to suffer from
reduced survival rates. This was accomplished in April 2008 and the planting list for this
supplemental planting has been incorporated into Table V. On August 20th, 2010, Year
5, vegetative monitoring was performed on the established vegetative plots. Results are
shown in Tables VIa and VIb. Initial totals are counts made in May of 2006 when the
vegetative plots were established, plus individuals added during the 2008 replant. In
Table VIb a single star indicates species added during the 2008 replant, while a double
star indicates highly stressed individuals.
Table VIa. Stem Counts per Acre Combined
Initial 2006 2007 2008 2009 2010
Plot A - Stems per Acre 1010 525 404 404 808 808
Plot B - spa 1212 889 565 889 1090 929
Plot C - spa 1171 242 363 687 929 848
Plot D - spa 1090 323 404 485 929 889
Total 1121 757 606 888 939 868
Percent Survival - 74 59 86 79 73
3.1.3 Vegetation Assessment Summary
Vegetation success is defined as tree survival to meet 320 stems per acre after 3 years and
260 stems per acre after 5 years inside the permanent vegetative plots and herbaceous
cover evaluated with photos showing 75% coverage, after 5 years. A total of 9,025 plants
and livestakes have been installed on the 8 acre tract. This is an average of 1128 stems
per acre. In 2010, survival and density goals have been met, with an overall stem count of
approximately 868 stems per acre, showing 73% percent survival from the original and
supplemental plantings. Additionally, visual observation of the site shows trees to be
alive, with some stressed individuals and competing with herbaceous vegetation,
particularly on Reach 2 north of the stream channel near the wetland pocket.
The herbaceous cover plant community was observed and is documented by the Photo
Reference Points (Appendix B). Each plot showed at least 75% cover, with some natural
bare, rocky areas present.
Harpers Crossroads Stream Restoration Project 6 Monitoring Year 5 of 5
Table VIb. Stem Counts & Survival
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Harpers Crossroads Stream Restoration Project 7 Monitoring Year 5 of 5
3.2 CHANNEL STABILITY ASSESSMENT
3.2.1 Cross Sections & Pebble Counts
There are four permanent cross-sections throughout the Unnamed Tributary to Bear
Creek (two on Reach 1 and two on Reach 2). Cross-sections are 50% riffles and 50%
pools. A pebble count was done in each cross-section that contains a riffle.
Riffle 1, Cross Section 1, on Reach 1: The survey of the cross section shows a stable bed
elevation, stable banks and no significant changes throughout the five year monitoring
period. While pebble counts show that some sand and silt has been present in previous
monitoring years, these finer particles fluctuate as they migrate through the system. This
is the normal pattern and function of the stream. The 2010 pebble count shows an
excellent distribution of various sized gravel particles.
Riffle 2, Cross Section 4, on Reach 2: The survey of the cross section shows a stable bed
elevation, stable banks and no significant changes throughout the five year monitoring
period. Only one monitoring year, Year 2 - 2007, showed any increase in sand or finer
substrate material. All other years, including the 2010 pebble count, shows an excellent
distribution of various sized gravel particles.
Each permanent cross-section was surveyed each monitoring year to evaluate any
changes in the dimension, pattern and profile of the restored stream. None of the cross
sections showed any significant changes throughout the five year monitoring period.
Both reaches are stable and are transporting bed material as expected. Cross Section data
and graphs are located in Appendix A.
3.2.2 Bank Full Events
Two bank-full events were documented in 2010, February 26th, 2010 and September
30th, 2010. Photo verification of these flood events and associated rainfall data is located
in Appendix B. Table VII shows details of bank-full events throughout the monitoring
period. Rain events most closely associated with the Crest Stage Gage (CSG) indications
were on February 5th where 1.94 inches of rain fell within a 24 hour period; and
September 30th where 2.87 inches of rain fell within a 24 hour period at the Siler City
Airport. As of Year 5, an over bank event has been documented each monitoring year.
This more than satisfies the requirement of two events in separate years during the five
year monitoring period.
Harpers Crossroads Stream Restoration Project 8 Monitoring Year 5 of 5
Table VII. Bank Full Events

Date
Rainfall Monitoring
Year
Verification

11/16/2006
no data
Year 1 Photos of
event

2/20/2007
no data
Year 2 CSG
w/photos
4/10/2008 1.53' on 3/4 at SC airport Year 3 CSG
4/20/2009 1.96' on 3/4 at SC Airport Year 4 CSG
2/26/2010 1.94' on 2/5 at SC Airport Year 5 CSG
10/13/2010 2.87' on 9/30 at SC Airport Year 5 CSG
3.2.3 Longitudinal Profiles
Longitudinal profiles were surveyed to monitor the riffle-run-pool-glide sequences and
overall stability of the restored stream. The entire length of the Unnamed Tributary to
Bear Creek was monitored as a longitudinal profile. Throughout the five year monitoring
period, survey data shows stable riffle-run-pool glide sequences. The longitudinal profile
graphs are located in Appendix A.
3.2.4 Photo Reference Points
There are 33 photo reference points throughout the site. Photographs show the health of
the planted vegetation, the overall stability and success of the site, and the severity of
invasive or exotic species that may establish within the site. Photographs are included in
Appendix B. For this report a final, progressive photo log, documenting the changes to
the site over the five year monitoring period as well as pre-existing conditions, is also
included in Appendix B.
4.0 SITE ASSESSMENT SUMMARY
Overall, the stream channel has developed and stabilized well. The herbaceous vegetative
cover has also developed a healthy and diverse community. The stream remains below
base flow levels during the driest months, approximately July through August. On March
31st, 201 minor repairs were made to the outfall of wetland pocket 1 on Reach 1 where
high flows are bypassing the existing rip-rap
MAM requests a letter or email verification for acceptance of this annual monitoring
report from the USACE as noted in the cover letter. This report, as well as previous
monitoring reports, shows the project has achieved all success criteria through Year 5 of
the monitoring period.
Harpers Crossroads Stream Restoration Project 9 Monitoring Year 5 of 5
HARPERS CROSSROADS STREAM RESTORATION PROJECT
FIGURE 1: WATERSHED AND LOCATION MAP

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APPENDIX A:
Reach 1 - Longitudinal Profile
Cross Section 1- Riffle
Pebble Count
Cross Section 2 - Pool
Reach 2 - Longitudinal Profile
Cross Section 3 - Pool
Cross Section 4 - Riffle
Pebble Count
APPENDIX B: Photo Log
Photo Reference Points
Bankfull Photos
APPENDIX C: Vegetation Info
APPENDIX D:
Conservation Easement Documents
APPENDIX E:
Monitoring Plan View
Riffle 1 XS 1
Max Size mm 2006 2007 2008 2009 2010
0.062 10 36 35
0.13 2
0.25 2
0.5 10
1 9
2 1 5 1
4 7 2 10
6 5 4 7 23
8 6 1
11 3 7 2 4 10
16 4 12 6
22 7 7 8 21 30
32 24 8 15
45 22 4 14 6 15
64 14 3 4 8
90 15 2 4
128 13 2 2
180 9
256 1 5
362 2 6
512 4
1024 3
2048
Bedrock 6 2
40
35
30
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¦ 2007

15 ? 2008
? 2009

10 ¦ 2010
5
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Max Particle Size in Class
Riffle 2 XS 4
Max Size mm 2006 2007 2008 2009 2010
0.062 21 1
0.13 14
0.25 1
0.5
1 4
2 1 2 5
4 9 14 10
6 3 20 14
8 9 3
11 15 7 33 13
16 3 9 35
22 7 6 36 19 30
32 19 3 20
45 18 4 6 11 12
64 22 2 1 5
90 15 2 12
128 16 1
180 7 2
256 3
362 1
512
1024
2048
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40
35

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20 ¦ 2007

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485

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& STRUCTURES 2006-Thalweg X 2006-RBK X 2006-LBK 2007-Thalweg - 2007-LBK - 2007-RBK - - - 2008-Thalweg 2008-LBK
+ 2008-RBK 2009-Thalweg X 2009-LBK 2009-RBK 2009-WS 2006-WS 2010-Thalweg 2010-RBK 2010-LBK
100 200 300 400 500 600 700 800 900 1000 1100 1200
STATION (ft)
480

475
W
W
470
0
Newland Downstream
x+' x + ±+-+
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100 200
2009-Thalweg & STRUCTURES
2008-LBK + 2008-RBK
300 400 500
- - 2006-Thalweg X 2006-RBK
X 2009-LBK 2009-RBK
600
STATION (ft)
X 2006-LBK
2009-WS
700
- - - 2007-Thalweg
2010 - Thalweg
800 900
- 2007-LBK
- 2010 - LBK
1000 1100 1200
- 2007-RBK - - - 2008-Thalweg
2010 - RBK
Project Name Newland Communities
Cross Section Reach 1 Cross-Section 1
Feature Riffle
Date 09/16/2010
Crew NJ, BM
Year 5-2010 Y ear 4-2009 Year 3-2008 Y ear 2-2007 As- BuiltlYear l
September 2010 Survey May 2009 Survey August 2008 Surv ey June 2007 Survey June 2006 Survey
Station Elevation Notes Station Elevation Notes Station Elevation Notes Station Elevation Notes Station Elevation Notes
0.0 483.65 -43.44 485.09 XSl -36.4 485.1 XSl -23.76 485.26 -769 485.5
0.0 483.65 Left Pin -433 485.12 XSl -28.9 485.1 XSl -19.41 485.37 -427 485.1
0.2 483.67 -36.8 485.07 XSl -18.4 485.2 XSl -15.59 485.23 -209 485.1
2.9 483.49 -30.67 485.09 XSl -11.3 484.8 XSl -10.66 484.83 -14.5 485.1
15.6 483.02 -24.81 485.09 XSl -2.0 483.8 XSl -4.97 484.24 0.0 483.7 Left Pin
21.2 481.62 -18.64 485.19 XSl 0.0 483.7 XSP1L -0.89 483.73 3.4 483.3
21.6 481.57 -14.92 485.06 XSl 7.6 483.4 XSl 0 483.74 Left Pin 12.6 483.2 LBKF
237 481.08 -13.29 484.83 XSl 13.4 483.3 XSl 0.06 483.73 16.3 483.0
24.1 480.8 -7.55 484.26 XSl 17.9 482.7 XSl 1.73 483.53 19.4 482.2
25.2 480.85 -1.7 483.65 XSl 20.0 482.0 XSl 5.59 483.5 21.8 481.3
26.1 481.21 0 483.65 XSILPIN 21.7 481.3 XSl 9.29 483.39 23.2 480.9
27.4 481.14 2.77 483.5 XSl 24.8 481.0 XSl 13.17 483.33 24.5 480.8
283 481.87 7.06 48331 XSl 27.6 481.4 XSl 15.89 483.17 26.3 480.9
29.5 48238 11.9 483.18 XSl 30.3 482.6 XSl 18.52 482.63 27.8 481.6
32.0 48299 14.54 483.01 XSl 34.2 483.3 XSl 197 482.07 30.1 482.6
363 483.1 14.62 483.06 XSIBKF 41.1 483.2 XSl 20.86 481.76 33.4 483.4 RBKF
437 483.68 16.51 48272 XSl 47.5 483.5 XSl 21.79 481.25 46.9 483.5 Right Pin
47.0 483.47 197 482.08 XSl 53.7 483.8 XSl 23.6 481.07 47.6 483.5
47.6 483.51 Right Pin 21.35 48133 XSl 62.4 484.5 XSl 23.76 481.06 89.5 487.2
477 483.5 21.82 481.21 XSl 69.7 485.2 XSl 24.85 481.06
22.25 481.13 XS1WS 76.1 486.1 XSl 25.4 481.15
23.22 481.08 XSl 27.22 481.35
24.48 481.02 XSl 27.33 481.5
26.37 481.15 XSl 27.66 4817
27.54 481.41 XSl 28.66 482.22
28.88 48198 XSl 29.93 482.57
31.53 48293 XSl 31.09 483.18
33.71 483.25 XSl 32.82 483.47
38.69 48331 XSl 34.58 483.43
44.65 483.42 XSl 37.04 483.38
46.99 483.47 XSIRPIN 39.53 483.37
49.99 483.49 XSl 42.87 483.36
54.53 48396 XSl 46.71 483.55
61.84 484.67 XSl 49.06 483.66
70.21 485.17 XSl 54.06 484.08
81.24 486.19 XSl 58.22 484.33
62.66 484.9
W. 5-2010 Year 4-2009 Year 3-2008 Year 2-2007 A,b.HtNear 1 Bench 2005
Area 19.0 20.1 23.4 21.0 23.1 132.0
Width 18.2 187 20.7 17.9 17.5 50.6
Mean Depth 1.0 1.1 1.1 1.2 1.3 2.6
Max Depth 2.3 2.0 2.3 2.2 2.5 3.7
W/D 17.5 173 18.3 15.3 13.3 19.4
XS#1 Riffle

487
Floodprone Area (approx.)

486
^
485
Bankfull Elev. (approx.)

484
o

.
111; Jill
_
.
483

w
482

481

480
-70 -50 -30 -10 10 30 50 70
Distance (feet)
• As-Built/Year106 - Year 2 - 2007 Year 3 - 2008 - Year 4 - 2009 --m-Year 5 - 2010
Project Name
Cross Section
Feature Pool
Date 09 /1 61201 0
Crew NI, BM Newland Communities
Reach 1 Cross-Section 2
Year 5-2010 Year 4-2009 Year 3-2008 Year 2-2007 As-BuiltlYear 1
Sep tember 2010 Su rvey M ay 2009 Survey August 2008 Surv ey June 2007 Survey June 2006 Surv ey
Station Elevation Notes Station Elevation Notes Station Elevation Notes Station Elevation Notes Statio n Elevation Notes
0 482.37 XS3LPIN -24.6 483.59 XS2 -28.4 483.9 XS2 -29.7 483.8 -57.3 483.5
2.08 482.26 -24.6 483.57 XS2 -20.5 483.5 XS2 -23.3 483.8 0.0 482.4 Left Pin
6.71 482.29 -21.1 483.52 XS2 -14.2 483.4 XS2 -15.4 483.6 12.4 482.1 LBKF
11.19 482.16 -16.7 483.58 XS2 -83 483.1 XS2 -9.1 483.2 15.5 4809
1399 481.91 -11.5 483.19 XS2 -1.0 482.6 XS2 -4.1 483.0 17.1 4797
15.9 480.96 -4.9 482.85 XS2 0.0 482.4 XS2PL 0.0 482.5 Left Pin 18.3 479.2
18.05 479.65 0.0 48237 XS2LPIN 6.8 482.3 XS2 3.7 482.6 LBKF 19.9 479.2
1898 479.38 1.0 48235 XS2 11.0 482.1 XS2 6.7 482.4 21.9 4793
1974 479.34 6.6 482.26 XS2 14.2 481.8 XS2 9.4 4823 23.8 480.0
21.04 479.49 9.9 482.17 XS2BKF 16.3 480.5 XS2 11.2 482.1 25.1 481.1
2174 479.31 10.1 482.18 XS2 17.8 479.4 XS2 12.6 482.2 27.9 4823 RBKF
2297 479.65 13.4 481.87 XS2 19.7 479.1 XS2 14.7 481.5 33.8 482.5
24 480.43 15.2 48099 XS2 21.8 479.4 XS2 16.2 480.4 43.9 482.6 Right Pin
2492 481.25 16.9 479.57 XS2 23.6 479.9 XS2 17.0 480.2 49.8 482.8
26.83 481.89 19.3 479.14 XS2 25.8 481.5 XS2 17.5 479.8 69.0 4829
28.22 482.32 21.1 479.22 XS2 25.9 481.5 XS2 17.9 479.6 96.1 485.1
29.65 482.49 22.6 479.88 XS2WS 28.8 482.5 XS2 18.5 4793 117.2 488.6
32.41 482.82 24.9 481.19 XS2 32.4 482.5 XS2 20.0 479.2
35.24 482.62 29.3 482.27 XS2 39.4 482.6 XS2 21.0 479.2
4073 482.65 30.9 482.45 XS2BKF 44.5 482.6 XS2 21.4 479.2
43.14 482.52 46.8 482.59 XS2 56.8 482.8 XS2 22.2 479.4
45.1 482.55 52 482.65 XS2 69.3 483.0 XS2 22.6 479.5
56.7 48278 XS2 81.3 483.8 XS2 23.5 4799
62.6 482.87 XS2 82.4 483.8 XS2 24.3 4809
67.6 483.01 XS2 24.4 480.9
73.7 483.02 XS2 24.7 4809
77.9 483.19 XS2 25.3 4813
78.1 483.66 XS2 26.0 4817
78.2 483.65 XS2 27.2 482.2
-56.8 483.67 XS2 28.95 482.5
31.63 482.64
35.23 482.67
40.02 482.71
45.04 482.75
51.17 482.89
58.6 482.94
68.09 483.09
78.17 483.68
87.08 484.24
91.64 484.76
97.18 485.1
102.52 485.94
W. 5-2010 Year4-2009 Year 3-2008 Year 2-2007 A,bfItlYearl Benrh2005
Area 26.0 26.1 29.0 25.0 26.9 132.0
Width 21.0 17.2 21.4 14.6 15.5 50.6
Mean Depth 1.4 1.5 1.4 1.7 1.7 2.6
Max Depth 2.9 3.0 3.0 3.0 3.0 3.7
W/D 15.0 11.3 15.8 8.5 8.9 19.4
XS#2 Pool

485

484
Bankfull Elev. (approx.)
-
483 .

482
0

481

w
480

479

478
-70 -50 -30 -10 10 30 50 70
Distance (feet)
• As-built Year 106 - Year 2 - 2007 Year 3 - 2008 - Year 4 - 2009 -0-Year 5 - 2010
Project Name
Cross Section
Feature Pool
Date 09 /1 61201 0
Crew NI, BM Newland Communities
Reach 2 Cross-Section 3
Year 5 -2010 Year 4 -2009 Year 3 - 2008 Year 2 -2007 As-BuiltlYear 1
September 2010 Sur vey May 2009 Survey August 2008 Surv ey J une 2007 Survey June 2006 Survey
Station Elevation Notes Station Elevation Notes Station Elevation Notes Station Elevation Notes Station Elevation Notes
0 478.88 -21.9 48138 XS3 -17.6 4813 XS3 -19.2 481.4 -43.7 481.4
0.53 478.99 -17.7 48131 XS3 -9.1 4807 XS3 -13.0 481.2 -14.0 481.2
4.35 478.96 -13.6 481.22 XS3 -2.7 4793 XS3 -8.6 4807 -1.6 479.0
8.4 478.68 -10.6 481.01 XS3 2.5 478.9 XS3 -5.6 480.2 0.0 478.9 Left Pin
12.22 478.1 -8.2 480.64 XS3 8.1 478.6 XS3 -3.2 479.4 10.7 478.5 LBKF
13.09 477.81 -5.9 480.13 XS3 10.5 4783 XS3 0.0 479.0 12.8 477.0
13.71 476.89 -4.1 479.5 XS3 13.4 476.9 XS3 5.0 478.9 14.2 476.5
13.89 476.81 -2.3 479.14 XS3 14.5 476.6 XS3 8.2 4787 16.0 476.6
15.06 476.63 -0.4 479.04 XS3 16.8 476.6 XS3 10.0 478.6 17.7 476.6
15.85 476.52 0.0 478.88 XS3LPIN 20.0 477.0 XS3 11.9 478.4 19.5 4767
17.12 476.52 1.6 47894 XS3 20.9 477.5 XS3 12.5 478.0 21.8 477.6
19.02 476.69 4.7 478.88 XS3 21.7 4779 XS3 13.3 4773 24.2 4787 RBKF
21.09 476.9 6.8 47878 XS3 23.0 478.5 XS3 14.0 476.8 33.5 479.5 Right Pin
21.25 477.56 9.6 478.59 XS3 27.9 479.0 XS3 15.8 476.5 35.5 479.5
21.8 478.01 11.2 478.18 XS3 32.9 479.4 XS3 17.6 476.4 41.3 481.1
23.28 478.38 13.7 476.8 XS3 33.5 479.5 XS3PR 19.3 476.5 63.3 4819
28.09 479.01 15.3 476.57 XS3 38.1 4803 XS3 20.4 4767
3336 479.39 18.0 47673 XS3 43.7 4813 XS3 21.0 477.0
35.05 479.44 19.8 47735 XS3WS 22.2 477.4
20.2 477.44 XS3 23.1 4777
21.5 477.71 XS3 24.2 478.3
23.5 47837 XS3 25.1 478.6
25.2 478.83 XS3 27.1 478.7
25.5 47891 XS3BKF 29.7 4789
26.9 478.88 XS3 32.7 479.1
29.5 479.11 XS3 35.0 4793
32.5 479.25 XS3 38.0 480.0
33.4 47939 XS3RPIN 40.0 480.5
35.4 _ 479.59 XS3 42.9 481.0
38.3 480.55 XS3
41.0 480.99 XS3
44.3 481.25 XS3
47.8 481.41 XS3
52.0 481.63 XS3
56.6 481.88 XS3
W. 5-2010 Year 4-2009 Year 3-2008 Year 2-2007 A,bittNearl Benrh2005
Area 187 18.4 18.0 19.4 19.2 132.0
Width 167 16.2 15.9 22.2 13.5 50.6
Mean Depth 1.1 1.1 1.1 0.9 1.4 2.6
Max Depth 2.1 2.1 2.0 2.2 2.1 3.7
W/D 149 14.2 14.0 25.4 9.5 19.4
XS# 3 Pool

482
'
481
Bankfull Elev. (approx.)

480

c 479
^" o

478
w

477

476

475
-70 -50 -30 -10 10 30 50 70
Distance (feet)
• As-Built/Year 1 - Year 2 - 2007 Year 3 - 2008 - Year 4 - 2009 Year 5 - 2010
Project Name
Cross Section
Feature Riffle
Date 09/16/2010
Crew NJ, BM Newland Communities
Reach 2 Cross-Section 4
Year 5 -2010 Year 4 -2009 Year 3 -2008 Y ear 2 -2007 As-BuihlYear 1
September 2010 Sur vey May 2009 Survey A ugust 2008 Surv ey June 2007 Survey J une 2006 Surv ey
Station Elevation Notes Station Elevation Notes Station Elevation Notes Station Elevation Notes Station Elevation Notes
-0.1 4779 -40.8 480.03 XS4 -12.1 479.8 XS4 -17.03 479.84 -35.1 479.6
0.0 478.1 -36.3 479.82 XS4 -8.9 479.5 XS4 -1176 479.84 -15.1 479.8
0.1 478.04 -31.3 479.89 XS4 -2.8 477.9 XS4 -8.25 479.71 -7.5 4797
0.3 478.1 -28.1 480.02 XS4 0.0 477.9 XS4PL -5.08 479.06 -0.8 478.0
5.2 477.8 -21.7 479.97 XS4 2.8 477.7 XS4 -2.63 478.47 0.0 478.1 Left Pin
103 477.6 -15.8 479.89 XS4 10.9 477.3 XS4 0 478.06 11.6 477.4 LBKF
12.0 477.4 -10.0 479.89 XS4 17.2 475.7 XS4 1.59 477.79 14.1 4767
13.8 476.8 -4.2 478.87 XS4 20.1 475.7 XS4 7.08 477.79 16.0 4757
16.1 475.8 -09 478.02 XS4 21.7 475.7 XS4 11.25 477.46 17.4 475.6
17.6 475.8 0.0 478.05 XS4LPIN 27.2 477.7 XS4 12.94 477.25 18.6 475.6
18.8 4757 3.1 477.83 XS4 34.1 477.8 XS4 1431 476.73 20.0 475.5
19.6 4757 9.1 477.7 XS4 38.5 478.1 XS4PR 15.1 476.16 21.2 475.8
207 475.8 10.6 477.51 XS4BKF 39.3 477.9 XS4 15.8 475.69 23.5 477.0
21.8 476.2 10.8 477.48 XS4 45.4 479.6 XS4 17.29 475.75 27.3 4779 RBKF
22.6 476.5 11.7 477.38 XS4 50.8 479.7 XS4 19.62 475.74 38.5 478.1 Right Pin
25.6 477.6 13.3 476.99 XS4 21.25 475.76 41.7 478.1
273 4779 14.6 476.5 XS4 21.86 476.28 47.6 4797
303 4779 16.3 475.71 XS4 22.61 476.7 72.2 480.0
38.5 478.1 18.3 475.69 XS4 24.29 477.3
38.5 478.1 19.5 475.95 XS4WS 26.66 477.81
38.5 478.1 21.0 475.87 XS4 29 477.85
387 478.0 22.3 476.61 XS4 32.85 477.94
24.3 477.22 XS4 38.5 478.11
26.7 477.78 XS4 41.53 478.11
27.1 477.82 XS4BKF 44.31 479.06
28.8 477.87 XS4 47.11 479.7
31.6 477.84 XS4 50.55 479.83
34.7 477.71 XS4 59.51 479.99
37.5 _ 478 XS4
38.5 478.1 XS4RPIN
41.6 478.11 XS4
44.4 479 XS4
46.6 479.69 XS4
51.4 479.78 XS4
55.6 479.89 XS4
60.2 480.09 XS4
Year 5-2010 Year 4-2009 Year 3-2008 Year 2-2007 As-0mlhYear1 Beneh2005
Area 17.5 17.6 249 20.0 18.6 132.0
Width 16.6 16.9 24.4 19.5 15.8 50.6
Mean Depth 1.1 1.0 1.0 1.0 1.2 2.6
Max Depth 2.0 2.0 2.0 1.9 2.2 3.7
WID 15.8 16.2 239 19.0 13.4 19.4
XS#4 Riffle
482

481

Flood rove Area (approx.)
480

479
o Bankfull Elev. (approx.)
4
8
7

w 4
77

476

475
-40 -20 0 20 40 60
Distance (feet)
• As-Built/Year 1 + Year 2 - 2007 Year 3 - 2008 - Year 4 - 2009 Year 5 - 2010
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STATE CLIMATE OFFICE OF NORTH CAROLINA
NC STATE UNIVERSITY
CRONOS Database
Station ID: SILR Station type: ECONET Station name: Siler City Airport
City, State: Siler City, NC County: Chatham County
Latitude: 35.7043056 Longitude: -79.5041889
Elevation: 614 feet above sea level
Climate division: NC04 - Central Piedmont
Supported by: NC DENR Air Quality
Data retrieval from SILR - Siler City Airport for past 181 day(s)
180 records for this period of record (100% data available)
Date 1 m Daily Precipitation (in)
1/24/10 0.24 3/3/10 0.41 4/10/10 0 5/18/10 0.02 6/25/10 0 8/2/10 0 9/9/10 0
1/25/10 0.75 3/4/10 0 4/11/10 0 5/19/10 0.78 6/26/10 0 8/3/10 0 9/10/10 0
1/26/10 0 3/5/10 0 4/12/10 0 5/20/10 0 6/27/10 0 8/4/10 0 9/11/10 0.02
1/27/10 0 3/6/10 0 4/13/10 0 5/21/10 0 6/28/10 0 8/5/10 0.85 9/12/10 0
1/28/10. 0 3/7/10 0 4/14/10 0 5/22/10 0.19 6/29/10 0.15 8/6/10 0 9/13/10 0
1/29/10 0 3/8/10 0 4/15/10 0 5/23/10 1.6 6/30/10 0.57 8/7/10 0 9/14/10 0
1/30/10 0 3/9/10 0 4/16/10 0 5/24/10 0.14 7/1/10 0 8/8/10 0 9/15/10 0
1/31/10 0.16 3/10/10 0 4/17/10 0 5/25/10 0 7/2/10 0 8/9/10 0 9/16/10 0
2/1/10 0 3/11/10 0.07 4/18/10 0 5/26/10 0 7/3/10 0 8/10/10 0 9/17/10 0
2/2/10 0.4 3/12/10 0.43 4/19/10 0 5/27/10 0 7/4/10 0 8/11/10 0.01 9/18/10 0
2/3/10 0.01 3/13/10 0.32 4/20/10 0.01 5/28/10 0 7/5/10 0 8/12/10 0.02 9/19/10 0
2/4/10 0 3/14/10 0 4/21/10 0.04 5/29/10 0 7/6/10 0 8/13/10 0 9/20/10 0
2/5/10 1.94 3/15/10 0 4/22/10 0 5/30/10 0 7/7/10 0 8/14/10 0 9/21/10 0
2/6/10 0 3/16/10 0 4/23/10 0 5/31/10 0.03 7/8/10 0 8/15/10 0 9/22/10 0
2/7/10 0 3/17/10 0 4/24/10 0.16 6/1/10 1.05 7/9/10 1.25 8/16/10 0 9/23/10 0
2/8/10 0 3/18/10 0 4/25/10 0.36 6/2/10 0.07 7/10/10 0 8/17/10 0 9/24/10 0
2/9/10 0.23 3/19/10 0 4/26/10 0 6/3/10 0 7/11/10 0 8/18/10 0 9/25/10 0
2/10/10 0.01 3/20/10 0 4/27/10 0 6/4/10 0 7/12/10 0.01 8/19/10 0.21 9/26/10 1.28
2/11/10 0 3/21/10 0 4/28/10 0 6/5/10 0 7/13/10 0.31 8/20/10 0 9/27/10 0.59
2/12/10 0 3/22/10 0.01 4/29/10 0 6/6/10 0.2 7/14/10 0.07 8/21/10 0 9/28/10 0.11
2/13/10 0.09 3/23/10 0 4/30/10 0 6/7/10 0.01 7/15/10 0 8/22/10 0.01 9/29/10 0.44
2/14/10 0 3/24/10 0 5/1/10 0 6/8/10 0 7/16/10 0 8/23/10 0 9/30/10 2.87
2/15/10 0.07 3/25/10 0 5/2/10 0 6/9/10 0 7/17/10 0.58 8/24/10 0 10/1/101 0.01
2/16/10 0 3/26/10 0.02 5/3/10 0 6/10/10 0.01 7/18/10 0.01 8/25/10 0 10/2/10 0
2/17/10 0 3/27/10 0 5/4/10 0 6/11/10 0 7/19/10 0.04 8/26/10 0 10/3/10 0
2/18/10 0 3/28/10 0.35 5/5/10 0 6/12/10 0.45 7/20/10 0 8/27/10 0 10/4/10 0
2/19/10 0 3/29/10 0.4 5/6/10 0 6/13/10 0.35 7/21/10 0 8/28/10 0 10/5/10 0
2/20/10 0 3/30/10 0 5/7/10 0 6/14/10 0.09 7/22/10 0 8/29/10 0 10/6/10 0
2/21/10 0 3/31/10 0 5/8/10 0 6/15/10 1.25 7/23/10 0 8/30/10 0 10/7/10 0
2/22/10 0.39 4/1/10 0 5/9/10 0 6/16/10 0.01 7/24/10 0 8/31/10 0 10/8/10 0
2/23/10 0.01 4/2/10 0 5/10/10 0 6/17/10 0 7/25/10 0 9/1/10 0 10/9/10 0
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Crest Stage Gage most likely triggered on February 5, when 1.94 inches of rainfall fell at the Siler City Airport within 24 hours.
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Crest Stage Gage most likely triggered on September 301h, when 2.87 inches of rainfall fell at the Siler City Airport within 24 hours.
4

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Plots Initial Year 1 Year 2 Year 3 Year 4 Year 5 Survival
Species B D Totals Totals Totals Totals* Totals Totals %
Shrubs
Buttonbush (Cephalanthus occidentalis )* 3 2 2 2 0 2 3 100%
Doghobble (Leucothoe axillaries) 2 0 0 0 0 0 0%
Elderberry (Sambucus canadensis )* 2 6 0 1 4 3 2 33%
Fetterbush (Lyonia lucida ) 1 3 1 1 1 1 1 33%
Highbushblueberry (Vacciniumcorymbosum)* 2 1 1 1 3 2 2 100%
Inkberry (Ilex glabra ) 1 2 0 0 2 1 1 50%
Red Chokeberry (Aronia arbutifolia)* 1 1 2 2** 4 1 1 4 5 6 100%
Silky dogwood (Cornus ammonum) 1 8 8 5 4 4 1 13%
Silky willow (Salix sericea) 1 1 3 21 13 6 9 6 5 24%
Total 5 2 6 8 49 26 17 27 24 21 43%
Trees
American elm (Ulmus americana) 2 8 8 7 6 5 2 25%
Black Willow (Salix nigra) 3 6 5 3 26 17 13 15 17 17 65%
Chestnut oak (Quercus prinus) 1 4 2 4 3 1 1 25%
Green ash (Fraxinus pennsylvanica )* 2 3 2 9 11 8 11 11 16 16 100%
Overcup oak (Quercus lyrata)* 1 0 1 0 0 0 0%
Red Maple (Acer rubrum) * 1** 1 0 0 1 1 1 100%
River birch (Betula nigra )* 1 10 3 8 8 6 14 15 14 100%
Tulip poplar (Liriodendron tulipifera) 1 0 0 0 1 1 1 100%
White oak (Quercus alba)* 3 1 3** 5 0 0 5 7 7 100%
Willow oak (Quercus phellos )* 6 5 5 0 5 6 6 100%
Total 15 21 15 14 69 48 42 61 69 65 94%
Overall Totals 20 23 21 22 118 74 59 88 93 86 73%
*Year 3 replant, Initial totals now include individuals from the replant
**Stressed individuals
Volunteers
Winged Elm (Ulmus alata) 2
Green ash Fraxinus enn lvanica * 5
Winged Sumac (Rhus copallinum) 2
### Stems per Acre
1 20 807.8
2 23 928.9
3 21 848.1
4 22 888.5
Plot size 10m x 10m
previously misidentified
Initial 2006 2007 2008 2009 2010
Plot A - Stems per Acre 1009.693 525.0404 403.8772 403.8772 808 808
Plot B - spa 1211.632 888.5299 565.4281 888.5299 1090 929
Plot C - spa 1171.244 242.3263 363.4895 686.5913 929 848
Plot D - spa 1090.468 323.1018 403.8772 484.6527 929 889
Total 1120.59 757.1551 605.7241 888.3953 939 868
Percent Survival 74 59 86 79 73
Sq. Ft.
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x4
4306.6
All Plots Total 86 868.2

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FILED
CHATHAM COUNTY
REBA G. THOMAS
REGISTER OF DEEDS
FILED Oct 29, 2004
AT 03:38:17 pm
BOOK 01139
START PAGE 0401
END PAGE 0410
STATE OF NORTH CAROLINA INSTRUMENT # 14028
COUNTY OF CHATHAM BooK PPE 4 01
Bch >? •1a k iPt4rtk stz,?k ? LiaCcA?)
i?? i ? ?s•t ? ST
1g3:15'1?r. Sc' QM iJ? Z7iC- i
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
ZC1 day of October, 2004 by and between DENNIS J. PHILLIPS, and wife, JUDY J.
PHILLIPS (collectively the "Grantor"), whose mailing address is 8600 Siler City-
Glendon Road, Bear Creek, NC 27207 and MID-ATLANTIC MITIGATION, LLC, a
North Carolina limited liability company ("Grantee"), whose mailing address is 9301
Aviation Boulevard Concord, NC 28027. The designation Grantor and Grantee as used
herein shall include said parties, their successors and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Chatham County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein ("Property");
WHEREAS, Grantor is willing to grant a Conservation Easement over the
Property, also referred to hereinafter as the "Basement Area," for the benefit of the
Grantee, its successors and assigns, thereby restricting and limiting the use of the
Easement Area to the terms and conditions and for the purposes hereinafter set forth, and
Grantee is willing to accept such easement; and
WHEREAS, Grantee may assign the easement to a successor grantee which is
qualified to be a holder of a conservation easement under N.C.G.S. § 121-35 and Section
170(h) of the Internal Revenue Code; and
WHEREAS, Grantee, its successors and assigns, agree by accepting this
Conservation Easement to fulfill all obligations and duties of Grantee as set forth herein;
and
WHEREAS, the Grantee intends to perform work on the Property to restore,
enhance and monitor stream channels in compliance with a Stream Restoration Plan
W IN LI B01 1101273A
GooK 11 3 '.) wE 4 0 2
approved by the U.S. Army Corps of Engineers, Wilmington District (the "Army Corps")
and the North Carolina Department of Environment and Natural Resources, Division of
Water Quality ("DENR");
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions
and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby
grants and conveys unto Grantee forever and in perpetuity, a Conservation Easement of
the nature and character and to the extent hereinafter set forth, over the Easement Area.
Grantor and Grantee recognize that the purposes of this Conservation Easement
are to maintain, restore, enhance and create natural stream channels and/or riparian
resources and other natural values in the Easement Area that contribute to the protection
and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife
habitat and recreational opportunities; to maintain permanently the Easement Area
predominantly in its restored natural condition, consistent with these purposes; and to
prevent any use and development of the Easement Area that will for any purpose or in
any manner conflict, impair or interfere with these purposes. To achieve these purposes,
the following conditions and restrictions are set forth:
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 and Grantor
against each other and against each other's personal representatives, heirs, successors and
assigns, lessees, agents and licensees.
ARTICLE Il.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its restored
natural condition and restricted from any development that would impair or interfere with
the conservation values of the Property.
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 Property is prohibited, except as may be
consistent with the restoration, management, maintenance or enhancement purposes of
this Conservation Easement. Any introduction of non-native plants and/or animal species
is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
2
WINLIB01 1101273.1
BOOK It 33 , pAn 4 0 3
antenna, utility pole, tower, conduit, line pier landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial and/or commercial
activities, including any right of passage used in conjunction with commercial or
industrial activity, are prohibited on the property. Residential use of the Property is
prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and
horticultural use of the Property is prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property, except as may be
consistent with the restoration, management, maintenance or enhancement purposes of
this Conservation Easement.
F. Si rage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property and Grantee or Grantee's
successors or assigns as the holder of Conservation Easement on the Property.
G. 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 Property is prohibited.
H. Mineral Use, Excavation, Dredging- 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 Property, except to restore natural topography or drainage patterns in a manner
consistent with the restoration, management, maintenance or enhancement purposes of
this Conservation Easement.
1. 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, except as may be consistent with
the restoration, management, maintenance or enhancement purposes of this Conservation
Easement. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the easement area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of
pesticide or biocides is prohibited, except as may be consistent with the restoration,
management, maintenance or enhancement purposes of this Conservation Easement.
WINLID01 1101273,1
BOOK 113 ? PAGE 4 0 4
J. 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.
K. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt-bikes, all-terrain vehicles, cars and trucks is prohibited.
L. Other Prohibitions. Any other use of, or activity on, the Easement Area which
is inconsistent with the purposes of this grant, the preservation of the Easement Area
substantially in its natural condition, or the protection of its environmental systems, is
prohibited, unless Grantor obtains permission from the Grantee and the U.S. Army Corps
of Engineers, Wilmington District, as hereinafter provided.
Notwithstanding the above prohibitions and restrictions, the Grantee, authorized
representatives of the Grantee, the Army Corps and DENR shall have the right to enter
the Easement Area at reasonable times to undertake any activities to restore, manage,
maintain, enhance and monitor the stream and riparian resources of the Easement Area,
as provided in the Restoration Plan. These activities include rerouting the creek and
creek bed, planting of trees, shrubs and herbaceous vegetation, installation of monitoring
wells, utilization of heavy equipment to grade, fill and prepare the soil, modification of
the hydrology of the site, installation of natural and manmade materials as needed to
direct in-stream, above ground and subterraneous water flow, installation of fences along
the perimeter of the Easement Area to prevent access by livestock to the Easement Area.
In addition, the Grantee, authorized representatives of the Grantee, the Army Corps and
DENR shall have the right to enter the Easement Area for the purpose of inspecting said
Easement Area to determine if the Grantor is complying with the terms, conditions,
restrictions and purposes of this Conservation Easement. All activities by Grantee
pursuant to this Conservation Easement shall be conducted in such a manner as to
minimize harm to, and not interfere with the quiet enjoyment of, the Property outside the
Easement Area. If Grantee's entry or ingress or egress to or from the Easement Area
causes harm to the Property, Grantee shall promptly mitigate and remedy such harm. No
right of access by the general public to any portion of the Property, including to the
Easement Area, is conveyed by this Conservation Easement.
The Grantor may request permission to vary from the above restrictions and
prohibitions for good cause shown, provided that any such request is consistent with the
purposes of this Conservation Easement. The Grantor shall not vary from the above
restrictions and prohibitions without first obtaining written approval of the Grantee.
4
WI\LIB01 11012731
goox 113 0 PAGE 4 0 5
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 property for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to
quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish,
and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property,
in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
Grantee agrees to construct a creek crossing through the Easement Area within
the general vicinity of the area shown as the "30' Creek Crossing Access" on Exhibit B
attached hereto and incorporated herein by reference (the "Creek Crossing Access').
Grantor shall have the right to have its cattle and livestock cross through the Easement
Area in the Creek Crossing Access.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and third
parties authorized by Grantee or its successors or assigns ("Third-Parties"), shall have the
right to enter the Property 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 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. Upon any breach of the terms of this Conservation Easement by the Grantor,
its agents, successors, or assigns, which comes to the attention of the Grantee, the
Grantee or Third-Parties may institute a suit to enjoin such violation and if necessary, to
require the restoration of the Property to its prior condition at the Grantor's expense.
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 Property
resulting from causes beyond the Grantor's control, including, without limitation, fire,
WIN LI B01 1101273.1
BOOK 113 9 PAGE 4 0 6
flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to life, damage to property or harm to the
Property resulting from such causes.
ARTICLE VI
ADDITIONAL GRANTEE RIGHTS
Grantor hereby grants to Grantee the right to enter the Easement Area for the
purposes of performing soil disturbing activities, grading, replanting of vegetation,
relocation of the current creek and creek bed and any other purposes consistent with
relocating the creek and filling in the former creek bed with soil to match the existing
grade of the Easement Area.
ARTICLE VII
MISCELLANEOUS
A. Title. The Grantor warrants, covenants and represents that Grantor is the sole
owner and is seized of the Property in fee simple and has good right to make, declare and
impose the aforesaid Conservation Easement; the Property is free and clear of any and all
encumbrances, except the easements, restrictions, and rights of way of record with the
Chatham County Register of Deeds and that Grantor will warrant and defend title to the
same against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in
all or a portion of the Property. The Grantor agrees to provide written notice 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 Property or any portion thereof and shall not be amended,
modified or terminated without the prior written consent and approval of the Third-
Parties.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder under N.C.
Gen. Stat. § 121-34 et seq., 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.
Notwithstanding the foregoing, Grantor and Grantee agree that Grantee shall not be
required to transfer the benefits of this Conservation Easement to a third party and that, in
any event, this Conservation Easement shall remain in place, in perpetuity, as a restriction
on the Property.
6
WINLIU01 1101273.1
BOOK 1 1 3 j PAGE 4 0 1
D. 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.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN WITNESS WHEREOF, the undersigned have executed this Conservation Easement,
the day and year first above written.
MID-ATLANTIC MITIGATION, LLC,
a North Carolina 1'mited liability company
By`:C -?
F
Date: October 2l_, 2004
STATE OF NORTH CAROLINA
COUNTY OF Vi C
1, C 6-A1e s Q, C<-os`b:? , Sc. , Notary Public for said County and State,
certify that &,,ov A y„ N emsevx , a ?I,ee PrescAtA. of Mid-Atlantic Mitigation,
LLC, a North Carolina limited liability company personally came before me this day and
acknowledged the due execution of the foregoing instrument on behalf of said limited
liability company.
WITNESS my hand and official seal, this Z ? day of October, 2004.
d?
Notary Public, '
(Official Seal)
My commission expires: 20 (31
Charles P. Crosby, Jr,
Notary Public
Davie County, NC
WINIAB01 1101273 1
SOUK ? PAGE 4 0 8
Dennis J. i lips
JZJ" h' lips
{='A
Date: October 1, 2004
STATE OF NORTH CAROLINA
COUNTY OF Q
Notary Public for said County and State,
certify that Dennis J. Phillips and Judy J. Phillips personally came before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal, this -' 7? day of October, 2004.
z
Notary Public
(Official Seal)
P;
My commission expires: , 20
Charles P. C=t?jNC
Notary Davie CoW 1N LIB01 110)273,1

BOOK I + PACE
CONSENT OF MORTGAGEE
First National Bank & Trust Company, being the Beneficiary under those certain Deeds
of Trust from Dennis J. Phillips and wife, Judy J. Phillips, recorded in Book 690 at Page
185, Book 723, Page 206 and Book 1116, Page 878 of the Chatham County, North
Carolina Public Registry, hereby: (a) consents to the recordation of this Conservation
Easement and the imposition of the provisions hereof on the Property; and (b)
subordinates the lien and operation of the Deeds of Trust to this Conservation Easement
and the provisions contained herein. In the event of a foreclosure of any of the Deeds of
Trust, or a transfer of any portion of the property in lieu of foreclosure, Beneficiary
agrees that the purchaser at any such foreclosure or the transferee under any such deed in
lieu of foreclosure shall take title to the property together with and subject to all of the
terms and conditions of this Conservation Easement. Beneficiary executes this Consent
of Mogaggq Nsolely for the purposes set forth above.
? z ya
,o®TAR P
?0 : PUBOG s
?`PH CO,
~0jyw. "Im-00M
BENEFICIARY:
FIRS
NY
By:
STATE OF
COUNTY OF R C1,)J C) I D
I, Crc? c, a Notary Public for said County and State, do hereby certify
that'-! tL'-< D. +i CVU r) C' being the 5 } V- President of First National Bank And Trust
Company, personally appeared before me this day and acknowledged that he is the t1sS+ d- President
of First National Bank And Trust Company, and that by authority duly given and as the act of
corporation, the foregoing instrument was signed in its name by himself as its tl . V- President.
WITNESS my hand and official seal, this the ) ff-b day of 2004.
Notary Public(
??n.?7?_
[Official Stamp or Seal]
My commission expires:
9
W IN G B01 1101273.1
BOOK 113 () PAGE 4" 1 0
EXHIBIT A
Legal Description for Conservation Easement
Lot "A":
BEING known and designated as "Conservation Easement Area Lot "A" 4.98 AC." as
shown as on a plat entitled "Conservation Easement Surveyed for Dennis J. Phillips & Judy
J. Phillips, Billy M. Phillips & Margaret P. Phillips" as recorded in Plat Book 2c? , at
Pages 3-7S and 3"7? , Chatham County Registry.
Chatham County, North Carolina
REBA G. THOMAS Register of Deeds
The foregoing certificate(s) of
CHARLES P CROSBY JR
TERESA M GREEN
notary/notaries public
is/are certified to)ap correct
Assistant - Register of Deeds
52314-297455 WINLIB01:1101776.1
BOOK 13 8 0 PACE 9 6 7
Instrument prepared by: Office of the Attorney General
Property Control Section
PIN NO:
Mail after recording to: (Z, Lk Mocse?
Rer? 2d
11 160
CrrnGw cly AJC Zd'0Z7-
FILED
CHATHAM COUNTY NC
TREVA B. SEAGROVES
REGISTER OF DEEDS
FILED Feb 20, 2008
AT 10:41:01 am
BOOK 01385
START PAGE 0967
END PAGE 0968
INSTRUMENT # 01869
EXCISE TAX (None)
ASSIGNMENT OF PERMANENT CONSERVATION EASEMENT
State of North Carolina
County of Chatham
THIS ASSIGNMENT OF PERMANENT CONSERVATION EASEMENT (the
"Easement") is made on the 8 1'"day of tai rp` 72008, by MID-ATLANTIC
MITIGATION, LLC, a NC limited liability company ("Assignor") to the Chatham Soil
and Water Conservation District ("Assignee").
WITNESSETH:
WHEREAS, Dennis J. Phillips and Wife Judy J. Phillips executed, for the benefit of the
Assignor, that certain Permanent Conservation Easement, recorded in Book 1139 Page
401, as amended by that certain First Amendment to Permanent Conservation Easement
recorded at Book . Page S? -CS,? of the Office of the Register of Deeds of
Chatham County (collectively referred to herein as the "Easement") and;
WHEREAS, in furtherance of the terms and conditions of that certain Grant Agreement
by and between Assignor and Assignee, Assignor desires to assign all of its right, title,
and interest in Easement to the Assignee, and the Assignee has agreed to accept said
Assignment.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the Assignee,
Assignor, and the public from the Easement, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Assignor hereby
conveys and assigns to the Assignee, all Assignor's rights, title, interest, easement, and
privilege in and to the Easement, subject to all conditions contained therein.
The Assignor hereby expressly reserves from this Assignment the nonexclusive rights
initially acquired by the Easement to monitor, enforce and maintain the Easement and to
access the property for such purposes as described in therein.
TO HAVE AND TO HOLD the said right, privilege and easement herein granted and
assigned to the Assignee, its successors and assigns in perpetuity.
US2000 10546020?
BOOK 1 3 8 5 PAGE X 6 8
AND the Assignor covenants that it is properly vested of the Easement; has the right to
assign the same to the Assignee; that the Easement is free from encumbrances except as
may be expressly excepted to by the terms and conditions of the Easement; and that the
Assignor will warrant and defend title to the same against the claims of all persons
whomsoever.
IN WITNESS WHEREOF, Assignor has executed the foregoing in its company name,
signed by its Director and Appointed Vice-President with proper authorization the date
and year first above written.
MID-ATLANTIC MITIGATION, LLC
A North Carolina Limited Liability Company
By: Richard K. Mogensen
Director and Appointed'Vice-President
NORTH CAROLINA
COUNTY OF ;
I, C . A . C ooh , a Notary Public in and for the County and State
aforesaid, do hereby certify that Richard K. Mogensen, whose identity has been proven by
satisfactory evidence, said evidence being:
I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current
state or federal identification with the principal's photograph in the form
of a
? A credible witness has sworn to the identity of the principal(s);
personally appeared before me and acknowledged that he is the Director and Appointed
Vice President of Mid-Atlantic Mitigation, LLC, a North Carolina limited liability
company, and that as Director and Appointed Vice President, being duly authorized to do
so, voluntarily executed the foregoing instrument on behalf of said limited liability
company for the purposes stated therein.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
8 *- day of TEg2L;4eq , 200? .
L_ a. C-,O-A
Notary Public
Printed Name: C A . Loo
My commission expires:
0? -y5-oar
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US2000 10546020.2
FILED
CHATHAM COUNTY NC
TREVA B. SEAGROVES
REGISTER OF DEEDS
FILED Feb 20, 2008
(2 C1,\ N 6se, f e\
19 b0 Der-`
ccnccwd) ,U-(_ ZZOZ7- BOOK 13 S J PAGE 5 3
FIRST AMENDMENT TO PERMANENT CONSERVATION EASEMENT
AT 10:30:38 am
BOOK 01385
START PAGE 0953
END PAGE 0958
INSTRUMENT # 01866
EXCISE TAX (None)
THIS FIRST AMENDMENT TO PERMANENT CONSERVATION EASEMENT
("Amendment") is made and entered into as of the day of C ?b?r , 2007 between DENNIS J.
PHILLIPS, and wife JUDY J. PHILLIPS ("Grantor") and MID-ATLANTIC MITIGATION, LLC, a
North Carolina limited liability company ("Grantee").
WITNESSETH
WHEREAS, Grantor and Grantee entered into that certain Permanent Conservation Easement
("Easement") executed by the parties on the 29`h day of October, 2004 and recorded in Book 1139 Page
401 of the Chatham County, North Carolina Register of Deeds Office.
WHEREAS, Grantor and Grantee desire to amend the Easement by the execution of this
Amendment.
NOW, THEREFORE, in consideration of the premises, the covenants and agreements hereunder
set forth and in furtherance of the parties understanding, it is agreed as follows:
Effectiveness. This Amendment shall be effective as of the date of this Amendment.
2. Definitions. Any capitalized words or phrases used and not defined in this Amendment
shall have the meanings ascribed to them in the Easement.
3. Exhibits. The Exhibit A attached to the Easement is hereby deleted in its entirety and
replaced with the Exhibit A attached hereto and incorporated herein by reference. The Exhibit B
attached to the Easement is hereby deleted in its entirety.
4. Fence Maintenance. As long as the Grantor allows livestock on the neighboring
property, Grantor shall maintain the fencing around the Easement area.
5. Notice To Easement Holder. Prior to Grantor placing the Property on the market for sale
to a non-related third party (expressly excluding any transfer to related party, including but not limited to,
a family member or transfer by intestate or testate succession), Grantor will notify the current easement
holder.
6. Continued Effect of Easement. All provisions of the Easement, except as modified by
this Amendment, shall remain in full force and affect and are reaffirmed.
7. Conflict. In the event of any conflict, inconsistency, or incongruity between any
provision of this Amendment and any provision of the Easement, the provisions of this Amendment shall
govern and control.
8. Execution in Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be deemed an original and all of which, when taken together, shall
constitute one instrument.
9. Severability. Invalidation of any of the provisions contained in this Amendment, or of
the application thereof to any person by judgment or court order shall in no way affect any of the other
provisions hereof or the application thereof to any other person and the same shall remain in full force and
effect.
US2000 9412105?
BOOK _[ 3 ?? ,i I'?1(.1, r 5 `
10. Governing Law. This Amendment shall be governed by the laws of the State of North
Carolina.
11. Entire Agreement. This Amendment, together with the Easement, constitutes the entire
agreement between the Grantor and Grantee pertaining to the subject matter of this Amendment, and may
be amended only by a writing executed by Grantor and Grantee.
2
US2000 94121052
BOOK 13 8 -0 PAGE ? 5 5
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed under
Seal effective as of the day and year first above written.
GRANTOR:
STATE OF
COUNTY OF cJt44%4M
c \
`??yv? ? G sue/ (seal)
Dennis J. Phill' s
(seal)
U Judyp Phillips
I, the undersigned, a Notary Public of the County and State aforesaid, certify that Phillips
and wife, m-,ft-D. Phillips, whose identity has been proven by satisfactory evidence, said evidence
being:
ER I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
personally appeared before me this day, and acknowledged the voluntary due execution of the
foregoing instrument by he/she/them for the purposes stated therein.
Witness my ]land and seal, this the day of OcM_Si2 , 2007.
C_ - yl C-0-dz-
Notary Public
Print Name: C A C. fJ©
My Commission Expires: (_q`,,-,- c ?,c6 q
[AFFIX NOTARY SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE]
?????t?eoPr??fe?
co -,4 C,;..----- °®l
yea
y ?BLIG f ? "?
FIpj gURGe%%,NN
US2000 9412105 2
BOOK 13 8 0 PAGE 6
STATE OF N Q m-H CA-2o(XxA-
COUNTY OF G A g A-2.R vS
GRANTEE:
Mid-Atlantic Mitigation, LLC,
a North Carolina liir?it liability company
By: •Ut/)
Its: DircC ?-
Name: i 1 c_HAQ J • M U C Eri
Si=
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
,`, c,ka4-A k_. INI c' e IS- l) [Name of Manager], whose identity has been proven by
satisfactory evidence, said evidence being:
I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
who is the Manager of Mid-Atlantic Mitigation, LLC, a North Carolina limited liability company,
personally appeared before me this day and acknowledged that (s)he is Manager of Mid-Atlantic
Mitigation, LLC, a North Carolina limited liability company and that as Manager being duly authorized to
do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated
therein.
Witness my hand and seal, this the
25?ti day of (_? L -0(_ , 2007.
C.a.Cedlf_
Notary Public CCO (\
Print Name:
My Commission Expires: A.oCri+5T 05_ Z069
[AFFIX NOTARY SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE]
go% 1 n1jr?
it ?? .?L1G f • Q
?.
????O.gItOle41??
4
Us2000 9412105,2
BOOK 13)8' 5 PAGE ? 5 ~1
CONSENT OF MORTGAGEE
First National Bank & Trust Company, being the Beneficiary under those certain Deeds of Trust from
Dennis J. Phillips and wife, Judy J. Phillips, recorded in Book 690 at Page 185, Book 723, Page 206 and
Book 1116, Page 878 of the Chatham County, North Carolina Public Registry, hereby: (a) consents to the
recordation of this Conservation Easement and the imposition of the provisions hereof on the Property;
and (b) subordinates the lien and operation of the Deeds of Trust to this Conservation Easement and the
provisions contained herein. In the event of a foreclosure of any of the Deeds of Trust, or a transfer of
any portion of the property in lieu of foreclosure, Beneficiary agrees that the purchaser at any such
foreclosure or the transferee under any such deed in lieu of foreclosure shall take title to the property
together with and subject to all of the terms and conditions of this Conservation Easement. Beneficiary
executes this Consent of Mortgagee solely for the purposes set forth above.
BENEFICIARY:
FIRS -NA TT?L f?rP?ffTRUS C MPANY
By: .? `
Name: V?
Title /9
STATE OF ZAI nl
COUNTY O Ji, -?
I, the ??iersit,
a Notary Public of the County and State aforesaid, certify that
gned -,
) , ????c? /? --y , whose identity has been proven by satisfactory
evidence, said evidence being:
?? I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
erso}laily came bti-e me this and acknowledged thatshe is t'President of
f I?L4J 4&!;W, and that (s)he, in such capacity and being authorized to
do so, voluntarily executed the foregoing on behalf of the corporation for the purpose stated
therein and in the capacity indicated.
Witness my hand and seal, this the o day of - le, X e r , 20 ,:7
aA
Notary Public
Print Name: F?l?G a Na y?S }
My Commission Expires:- _ ,IIQ
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]
5
US2000 94131053
ROOK 1 3 ?? ?>o f ?r1?1: .? ?a
Exhibit A
Legal Description for New Conservation Easement
BEING known and designated as the "New Conservation Easement Total Area 1.063 acres, 46,306.4
S.F." and "New Conservation Easement Total Area 2.124 acres, 92,499.8 SY ", all as shown on plat
entitled "Conservation Easement Dedication and Abandonment Map of The Dennis Phillips Property &
The Billy Phillips Property" prepared b Stantec Consulting, Inc. and dated November 17, 2006 as
recorded in Plat Book 200?7,*ages ?? and -4'1 of the Chatham County Registry.
TOGETHER WITH the perpetual right of ingress, egress and regress over and across that area labeled as
"Access Easement 0.058 acres 2,530.1 S.F." as shown on the plat recorded in Plat Book 2000Pages
-4 3 and 14 77.4 of the Chatham County Registry.
6
US2000 9411105 1
FILED
CHATHAM COUNTY
REBA G. THOMAS
REGISTER OF DEEDS
FILED Oct 29, 2004
AT 03:41:32 pm
BOOK 01139
START PAGE 0411
END PAGE 0419
INSTRUMENT # 14029
8010K IIaUPAUL 411
STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
*'??L?wrt}o I?i?fJ:r,'alt sk?2. LLp?eDrr ltti! t?'est y ST Zv n51Di-S,1e,.! )X Z7loj
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
2 e_?Aday of October, 2004 by and between BILLY MICHAEL PHILLIPS, and wife,
MARGARET P. PHILLIPS (collectively the "Grantor"), whose mailing address is P-8_
Po L? X,4 662 BIIt ,`4TRd?,?s?a , ' and MID-ATLANTIC MITIGATION, LLC, a North
Carolina limited liability company ("Grantee"), whose mailing address is 9301 Aviation
N L Z q7-D4 Boulevard Concord, NC 28027. The designation Grantor and Grantee as used herein
shall include said parties, their successors and assigns, and shall include singular, plural,
masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Chatham County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein ("Property");
WHEREAS, Grantor is willing to grant a Conservation Easement over the
Property, also referred to hereinafter as the "Easement Area," for the benefit of the
Grantee, its successors and assigns, thereby restricting and limiting the use of the
Easement Area to the terms and conditions and for the purposes hereinafter set forth, and
Grantee is willing to accept such easement; and
WHEREAS, Grantee may assign the easement to a successor grantee which is
qualified to be a holder of a conservation easement under N.C.G.S. § 121-35 and Section
170(h) of the Internal Revenue Code; and
WHEREAS, Grantee, its successors and assigns, agree by accepting this
Conservation Easement to fulfill all obligations and duties of Grantee as set forth herein;
and
WHEREAS, the Grantee intends to perform work on the Property to restore,
enhance and monitor stream channels in compliance with a Stream Restoration Plan
NVINLIBO I 1101280 1
CuKr uc
approved by the U.S. Army Corps of Engineers, Wilmington District (the "Army Corps")
and the North Carolina Department of Environment and Natural Resources, Division of
Water Quality ("DENR");
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions
and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby
grants and conveys unto Grantee forever and in perpetuity, a Conservation Easement of
the nature and character and to the extent hereinafter set forth, over the Easement Area.
Grantor and Grantee recognize that the purposes of this Conservation Easement
are to maintain, restore, enhance and create natural stream channels and/or riparian
resources and other natural values in the Easement Area that contribute to the protection
and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife
habitat and recreational opportunities; to maintain permanently the Easement Area
predominantly in its restored natural condition, consistent with these purposes; and to
prevent any use and development of the Easement Area that will for any purpose or in
any manner conflict, impair or interfere with these purposes- To achieve these purposes,
the following conditions and restrictions are set forth:
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 and Grantor
against each other and against each other's personal representatives, heirs, successors and
assigns, lessees, agents and licensees.
ARTICLE 11.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its restored
natural condition and restricted from any development that would impair or interfere with
the conservation values of the Property.
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 Property is prohibited, except as may be
consistent with the restoration, management, maintenance or enhancement purposes of
this Conservation Easement. Any introduction of non-native plants and/or animal species
is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
2
WINLIBO1 1101250.1
BP,uK 1131,' P?vr 4 ? 3
antenna, utility pole, tower, conduit, line pier landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial and/or commercial
activities, including any right of passage used in conjunction with commercial or
industrial activity, are prohibited on the property. Residential use of the Property is
prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and
horticultural use of the Property is prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property, except as may be
consistent with the restoration, management, maintenance or enhancement purposes of
this Conservation Easement.
F. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property and Grantee or Grantee's
successors or assigns as the holder of Conservation Easement on the Property.
G. 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 Property is prohibited.
H. Mineral Use, Excavation, Dredge 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 Property, except to restore natural topography or drainage patterns in a manner
consistent with the restoration, management, maintenance or enhancement purposes of
this Conservation Easement.
1. Water Qualitv 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, except as may be consistent with
the restoration, management, maintenance or enhancement purposes of this Conservation
Easement. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the easement area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of
pesticide or biocides is prohibited, except as may be consistent with the restoration,
management, maintenance or enhancement purposes of this Conservation Easement.
147NLLB01 1101250.1
414
J. 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.
K. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt-bikes, all-terrain vehicles, cars and trucks is prohibited.
L. Other Prohibitions. Any other use of, or activity on, the Easement Area which
is inconsistent with the purposes of this grant, the preservation of the Easement Area
substantially in its natural condition, or the protection of its environmental systems, is
prohibited, unless Grantor obtains permission from the Grantee and the U.S. Army Corps
of Engineers, Wilmington District, as hereinafter provided.
Not-vvithstanding the above prohibitions and restrictions, the Grantee, authorized
representatives of the Grantee, the Army Corps and DENR shall have the right to enter
the Easement Area at reasonable times to undertake any activities to restore, manage,
maintain, enhance and monitor the stream and riparian resources of the Easement Area,
as provided in the Restoration Plan. These activities include rerouting the creek and
creek bed, planting of trees, shrubs and herbaceous vegetation, installation of monitoring
wells, utilization of heavy equipment to grade, fill and prepare the soil, modification of
the hydrology of the site, installation of natural and manmade materials as needed to
direct in-stream, above ground and subterraneous eater flow, installation of fences along
the perimeter of the Easement Area to prevent access by livestock to the Easement Area.
In addition, the Grantee, authorized representatives of the Grantee, the Army Corps and
DENR shall have the right to enter the Easement Area for the purpose of inspecting said
Easement Area to determine if the Grantor is complying with the terms, conditions,
restrictions and purposes of this Conservation Easement. All activities by Grantee
pursuant to this Conservation Easement shall be conducted in such a manner as to
minimize harm to, and not interfere with the quiet enjoyment of, the Property outside the
Easement Area. If Grantee's entry or ingress or egress to or from the Easement Area
causes harm to the Property, Grantee shall promptly mitigate and remedy such harm. No
right of access by the general public to any portion of the Property, including to the
Easement Area, is conveyed by this Conservation Easement.
The Grantor may request permission to vary from the above restrictions and
prohibitions for good cause shown, provided that any such request is consistent with the
purposes of this Conservation Easement. The Grantor shall not vary from the above
restrictions and prohibitions without first obtaining written approval of the Grantee.
BOOK p r?ur 415
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 property for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to
quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish,
and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property,
in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and third
parties authorized by Grantee or its successors or assigns ("Third-Parties"), shall have the
right to enter the Property at all reasonable times for the purpose of inspecting said
property to detennine 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 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. Upon any breach of the terns of this Conservation Easement by the Grantor,
its agents, successors, or assigns, which comes to the attention of the Grantee, the
Grantee or Third-Parties may institute a suit to enjoin such violation and if necessary, to
require the restoration of the Property to its prior condition at the Grantor's expense.
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 Property
resulting from causes beyond the Grantor's control, including, without limitation, fire,
flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to life, damage to property or harm to the
Property resulting from such causes.
' . 4 ') ? a 3 ?
BOOK 1
ARTICLE VI
ADDITIONAL GRANTEE RIGHTS
Grantor hereby grants to Grantee the right to enter the Easement Area for the
purposes of performing soil disturbing activities, grading, replanting of vegetation,
relocation of the current creek and creek bed and any other purposes consistent with
relocating the creek and filling in the former creek bed with soil to match the existing
grade of the Easement Area.
ARTICLE VII
MISCELLANEOUS
A. Title. The Grantor warrants, covenants and represents that Grantor is the sole
owner and is seized of the Property in fee simple and has good right to make, declare and
impose the aforesaid Conservation Easement; the Property is free and clear of any and all
encumbrances, except the easements, restrictions, and rights of way of record with the
Chatham County Register of Deeds and that Grantor will warrant and defend title to the
same against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in
all or a portion of the Property. The Grantor agrees to provide written notice 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 Property or any portion thereof and shall not be amended,
modified or tenninated without the prior written consent and approval of the Third-
Parties.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder under N.C.
Gen. Stat. § 121-34 et seq., 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.
Notwithstanding the foregoing, Grantor and Grantee agree that Grantee shall not be
required to transfer the benefits of this Conservation Easement to a third party and that, in
any event, this Conservation Easement shall remain in place, in perpetuity, as a restriction
on the Property.
D. 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.
BOUK 0 ? `r?GE 41
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN WITNESS WHEREOF, the undersigned have executed this Conservation Easement,
the day and year first above written.
MID-ATLANTIC MITIGATION, LLC,
a N?Caro Carolina I' ted liability company
By: c%
Date: October 2f, 2004
STATE OF NORTH CAROLINA
COUNTY OF
Notary Public for said County and State,
certify that K? -z K. m?evs,I,k a of Mid-Atlantic Mitigation,
LLC, a North Carolina limited liability company personally came before me this day and
acknowledged the due execution of the foregoing instrument on behalf of said limited
liability company.
WITNESS my hand and official seal, this 2If-'\day of October, 2004.
1 ?ILI
Notary Public
(Official Seal)
My commission expires:
Charles P. Crosby. Jr.
h'o'ary ?ub,ic
Cavia County, NC
BGCK L? PAGE 4 S
(Al Billy. ichael Phillips
Margaret,P. Ph?itllips
Date: October 21 , 2004
STATE OF NORTH CAROLINA
COUNTY OF
I, ?'h?? l? s C tas I Yr . , Notary Public for said County and State,
certify that Billy Michael Phillips and Margaret P. Phillips personally came before me
this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal, this 24rn' day of October, 2004.
a0lt?.
Notary Public
(Official Seal) '
My commission expires: 1-f - 5" b , 20
Charles P. Crosby. Jr.
Notary Public
Davie County. NC
B!'L; "PAGE 4 ? ;
EXHIBIT A
Legal Description for Conservation Easement
Lot "B"
BEING known and designated as "Conservation Easement Area Lot "B" 5.01 AC." as
shown on a plat entitled "Conservation Easement Surveyed for Dennis J. Phillips & Jud J.
Phillips, Billy M. Phillips & Margaret P. Phillips" as recorded in Plat Book 2ao y
373 and 37"1 , Chatham County Registry. -`? at Pages
Chatham County. North Carolina
REBA G. THOMAS Register of Deeds
The foregoing certificate(s) of
CHARLES P CR:--'SBY JR
notary/notaries public
slire certified to b rrect.
BOOK 13 8 5 PAGE X645
Instrument prepared by: Office of the Attorney General
Property Control Section
PIN NO:
Mail after recording to
2 ? CIS Z}K &1 se-1
l q ? CD tZA
(\Car? , ,v c, Z-So Z }
FILED
CHATHAM COUNTY NC
TREVA B. SEAGROVES
REGISTER OF DEEDS
FILED Feb 20, 2008
AT 10:38:16 am
BOOK 01385
START PAGE 0965
END PAGE 0966
INSTRUMENT # 01868
EXCISE TAX (None)
ASSIGNMENT OF PERMANENT CONSERVATION EASEMENT
State of North Carolina
County of Chatham
THIS ASSIGNMENT OF PERMANENT CONSERVATION EASMENET (the
"Assignment") is made on the P'-- day of W!2008, by MID-ATLANTIC
MITIGATION, LLC, a NC limited liability company ("Assignor") to the Chatham Soil
and Water Conservation District ("Assignee").
WITNESSETH:
WHEREAS, Billy Michael Phillips and wife, Margaret P. Phillips executed, for the
benefit of the Assignor, that certain Permanent Conservation Easement, recorded in Book
1139, and Page 411, as amended by that certain First Amendment to Permanent
Conservation Easement recorded at Book " 6 Page ?'Scr aL^Jof the Office of the
Register of Deeds of Chatham County (collectively referred to herein as the "Easement")
and;
WHEREAS, in furtherance of the terms and conditions of that certain Grant Agreement
by and between Assignor and Assignee, Assignor desires to assign all of its right, title,
and interest in the Easement to the Assignee, and the Assignee has agreed to accept said
Assignment.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the Assignee,
Assignor, and the public from the Easement, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Assignor hereby
conveys and assigns to the Assignee, all Assignor's rights, title, interest, easement, and
privilege in and to the Easement, subject to all conditions contained therein.
The Assignor hereby expressly reserves from this Assignment the nonexclusive rights
initially acquired by the Easement to monitor, enforce and maintain the Easement and to
access the Easement for such purposes as described in therein.
TO HAVE AND TO HOLD the said right, privilege and easement herein granted and
assigned to the Assignee, its successors and assigns in perpetuity.
US2000 10543202
BOOK
AND the Assignor covenants that it is properly vested of the Easement; has the right to
assign the same to the Assignee; that the Easement is free from encumbrances except as
may be expressly excepted to by the terms and conditions of the Easement; and that the
Assignor will warrant and defend title to the same against the claims of all persons
whomsoever.
IN WITNESS WHEREOF, Assignor, has executed the foregoing in its company name,
signed by its Director and Appointed Vice-President with proper authorization, the date
and year first above written.
MID-ATLANTIC MITIGATION, LLC,
a North Carolina limited liability company
By vv? C
Richard K. Mogensen
Director and AppointedWice-President
NORTH CAROLINA
COUNTY OF CAZ,9 ?f2 S
1, C- , A • C cb /T , a Notary Public in and for the County and State
aforesaid, do hereby certify that Richard K. Mogensen, whose identity has been proven by
satisfactory evidence, said evidence being:
I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current
state or federal identification with the principal's photograph in the form

of a
A credible witness has sworn to the identity of the principal(s);
personally appeared before me and acknowledged that he is the Director and Appointed
Vice President of Mid-Atlantic Mitigation, LLC, a North Carolina limited liability
company, and that as Director and Appointed Vice President, being duly authorized to do
so, voluntarily executed the foregoing instrument on behalf of said limited liability
company for the purposes stated therein.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
? t" day of Fr 9(ZuA(V , 200?.
C. ? C,04t
Notary Public
Printed Name: C. A_ C 0 C) My commission expires:

„lo ri =
)R ,.
US2000 105453201
FILED
CHATHAM COUNTY NC
TREVA B. SEAGROVES
REGISTER OF DEEDS
FILED Feb 20, 2008
AT 10:31:29 am
BOOK 01385
START PAGE 0959
IV?a" I A ? END PAGE 0964
MCD_10v,5eA INSTRUMENT # 01867
1a 6o Der 1 4-a e6• EXCISE TAX (None)
C01AcGrb, A)(, 2s®Z_ - ?00K PAGE Q
FIRST AMENDMENT TO PERMANENT CONSERVATION EASEMENT
THIS FIRST AMENDMENT TO PERMANENT CONSERVATION EASEMENT
("Amendment") is made and entered into as of the _3O4 ay oflUG e,4 cr, 2007 between BILLY MICHAEL
PHILLIPS, and wife MARGARET P. PHILLIPS ("Grantor") and MID -ATLANTIC MITIGATION,
LLC, a North Carolina limited liability company ("Grantee").
WITNESSETH
WHEREAS, Grantor and Grantee entered into that certain Permanent Conservation Easement
("Easement") dated as of the 29`x' day of October, 2004 and recorded in Book 1139 Page 411 of the
Chatham County, North Carolina Register of Deeds Office.
WHEREAS, Grantor and Grantee desire to amend the Easement by the execution of this
Amendment.
NOW, THEREFORE, in consideration of the premises, the covenants and agreements hereunder
set forth and in furtherance of the parties understanding, it is agreed as follows:
1. Effectiveness. This Amendment shall be effective as of the date of this Amendment.
2. Definitions. Any capitalized words or phrases used and not defined in this Amendment
shall have the meanings ascribed to them in the Easement.
3. Exhibits. The Exhibit A attached to the Easement is hereby deleted in its entirety and
replaced with the Exhibit A attached hereto and incorporated herein by reference.
4. Fence Maintenance. As long as the Grantor allows livestock on the neighboring
property, Grantor shall maintain the fencing around the Easement area.
5. Notice To Easement Holder. Prior to Grantor placing the Property on the market for sale
to a non-related third party (expressly excluding any transfer to related party, including but not limited to,
a family member or transfer by intestate or testate succession), Grantor will notify the current easement
holder.
6. Continued Effect of Easement. All provisions of the Easement, except as modified by
this Amendment, shall remain in full force and affect and are reaffirmed.
7. Conflict. In the event of any conflict, inconsistency, or incongruity between any
provision of this Amendment and any provision of the Easement, the provisions of this Amendment shall
govern and control.
8. Execution in Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be deemed an original and all of which, when taken together, shall
constitute one instrument.
9. Severability. Invalidation of any of the provisions contained in this Amendment, or of
the application thereof to any person by judgment or court order shall in no way affect any of the other
provisions hereof or the application thereof to any other person and the same shall remain in full force and
effect.
US2000 941 I649A
BOOK 1 3 6 5 VAGE ?'6i 0
10. Governing Law. This Amendment shall be governed by the laws of the State of North
Carolina.
11. Entire Agreement. This Amendment, together with the Easement, constitutes the entire
agreement between the Grantor and Grantee pertaining to the subject matter of this Amendment, and may
be amended only by a writing executed by Grantor and Grantee.
Remainder of This Page Intentionally Left Blank -
Signature Page Attached Hereto and Incorporated Herein by Reference
2
U52000 9411649.1
?? ` rte, ?? ,- 4? pa .
P)OOK _? se 1) P)1?AtT 1? 0 _t.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed under
Seal effective as of the day and year first above written.
STATE OF / v C
COUNTY OF ?,r I
seal)
seal)
I, the undersigned, a Notary Public of the County and State aforesaid, certify that Billy Michael Phillips
and wife, Margaret P. Phillips, whose identity has been proven by satisfactory evidence, said evidence
being:
Er
I have personal knowledge of the identity of the principal(s)
I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing
instrument by he/she/them for the purposes stated therein.
WitneX my hand and seal, this the c2 l_[? day of I vo Qa-rv?)a? 52007.

Print Name: 1 ?j
My Commission Expires: oa /o .5 -go 0 q
j _
fXFFIXNOTARY SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE]
US2000 94116491
GRANTOR:
B 13 VAR
GRANTEE:
Mid-Atlantic Mitigation, LLC,
a North--Ga olinj limit d liability company
y:
Its:
Name: f
STATE OF /Va( ?? C)4?zC LL?U/?
COUNTY OF CA86A(Z.(f__?)
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
a ?cJ? ( L1 cr, J 5 [Name of Manager], whose identity has been proven by
satisfactory evidence, said evidence being:
Z I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
who is the Manager of Mid-Atlantic Mitigation, LLC, a North Carolina limited liability company,
personally appeared before me this day and acknowledged that (s)he is Manager of Mid-Atlantic
Mitigation, LLC, a North Carolina limited liability company and that as Manager being duly authorized to
do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated
therein.
Witness my hand and seal, this the day of / U0?_?0"1 b-eC`- 2007.
Notary Public
Print Name: C_ Oo k-
My Commission Expires: O
[AFFIX NOTARY SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE]
=U?
i ?'T3L1G ?'?:
0.11;41111U P,1000
4
US2000 9411649.1
BOOK 13 8 -OPALE ? 6 3
CONSENT OF MORTGAGEE
First Bank, being the Beneficiary under that certain Deed of Trust, Assignment of Rents and leases and
Security Agreement from Billy Michael Phillips and spouse, Margaret P. Phillips, recorded in Book 1320
at Page 59 of the Chatham County, North Carolina Public Registry, hereby: (a) consents to the
recordation of this Conservation Easement and the imposition of the provisions hereof on the Property;
and (b) subordinates the lien and operation of the Deeds of Trust to this Conservation Easement and the
provisions contained herein. In the event of a foreclosure of any of the Deeds of Trust, or a transfer of
any portion of the property in lieu of foreclosure, Beneficiary agrees that the purchaser at any such
foreclosure or the transferee under any such deed in lieu of foreclosure shall take title to the property
together with and subject to all of the terms and conditions of this Conservation Easement. Beneficiary
executes this Consent of Mortgagee solely for the purposes set forth above.
BENEFICIARY:
FIRST BANK
By:
Na ne: ?y?t S. lst.tdry??j y,
Title: Sr (?; G¢ ??ts,?t,?
STATE OF`-n CY)a
COUNTY OF` j)c-CAE-,
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
L14?ur; whose identity has been proven by satisfactory
evidence, said evide cn being:
I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that he islIA, ?President of First Bank, and that
(s)he, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf of the
corporation for the purpose stated therein and in the capacity indicated.
Witness my hand and seal, this the e day of t?"LU?.?L??: , 2005
Notary Public
Print Name: ` )C
My Commission Expires:(
[AFFIX NOTARY SEAL BELOW - NOTE THAT SEAL MUST BE FULLY LEGIBLE]
US2000 9411649.1
BOOK 1 3 5 WAGE ? u 4
Exhibit A
Legal Description for New Conservation Easement
BEING known and designated as "New Conservation Easement Total Area 4.7666 acres, 207,597.8 S.F."
as shown on plat entitled "Conservation Easement Dedication and Abandonment Map of The Dennis
Phillips Property & The Billy Phillips Property" prepared by Stantec Consulting, Inc. and dated
November 17, 2006 as recorded in Plat Book 200/8Pages and of the
Chatham County Registry.
TOGETHER WITH the perpetual right of ingress, egress and regress over and across that area labe,?ed as
"Access Easement 0.039 acres 1,710.4 S.F." as shown on the plat recorded in Plat Book 200, ages
-43 and - l of the Chatham County Registry.
6
US2000 9411649.1

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