HomeMy WebLinkAbout20191132 Ver 1_Conservation Easement Review SAW-2019-01296_20200824Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (USA)
<Kimberly.D.Browning@usace.army.mil>
Sent: Monday, August 24, 2020 12:26 PM
To: Davis, Erin B; Haywood, Casey M CIV USARMY CESAW (USA)
Subject: [External] FW: East Buffalo Conservation Easement Review - USACE ID #
SAW-2019-01296
Attachments: East Buffalo Easement IRT Comment Response and Updated Easement.pdf
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FYI
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60
BUILDING STRONG (r)
-----Original Message -----
From: Andrea Eckardt <aeckardt@wildlandseng.com>
Sent: Saturday, August 22, 2020 11:16 AM
To: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil>
Cc: Tugwell, Todd J CIV USARMY CESAW (USA)<Todd.J.Tugwell@usace.army.mil>; Browning, Kimberly D CIV
USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil>; Jake McLean <jmclean@wildlandseng.com>
Subject: [Non-DoD Source] RE: East Buffalo Conservation Easement Review - USACE ID # SAW-2019-01296
Steve -
Attached is the Comment/Response Letter for the Conservation Easement Review of the Little Tennessee
Umbrella Mitigation Bank - East Buffalo Mitigation Site - USACE #SAW 2019-01296.
Also included in the attachment is a redlined version of the updated conservation easement document.
Please let me know if you have any additional questions or concerns about the easement document or plat for
the project.
Thanks
1
Andrea
Andrea S. Eckardt I Ecological Assessment Team Leader
704.332.7754 x101
From: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil>
Sent: Tuesday, June 30, 2020 1:00 AM
To: Andrea Eckardt <aeckardt@wildlandseng.com>; Jake McLean <jmclean@wildlandseng.com>
Cc: Tugwell, Todd J CIV USARMY CESAW (USA)<Todd.J.Tugwell@usace.army.mil>; Browning, Kimberly D CIV
USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil>
Subject: RE: East Buffalo Conservation Easement Review - USACE ID # SAW-2019-01296
Good evening Andrea/Jake,
Below are the questions/corrections regarding the real estate review for the East Buffalo Mitigation Site:
1. Survey Plat - Although a PJD is not to the same as an AJD and the plat does not have to be exactly the
same as the PJD, the survey should reflect the information relevant to the purpose of the CE. The survey
boundaries seem consistent with the PJD, but the potential streams seem very inconsistent (missing,
shortened or in the wrong place) and no wetlands were shown within the project boundaries. Since the CE
property is to be retained in its natural state, it seems the survey plat should more accurately reflect the
potential jurisdictional features as documented by the PJD. If this is inconsistent with previous banks or you
feel it is in error then contact me to discuss further.
2. Utility line - Since the utility line is being relocated but remaining within the CE, clarification is needed as
to the process and documentation for the final plat and CE. Will the relocation occur before or after the CE is
signed? Provide a brief description. If the relocation will occur after the CE is signed, specify that the
construction involved in the relocation of the lines is not prohibited by stating it as an exception in II.B.
Construction. If known where the line is to be relocated, that could be identified on the plat, if not, approval
would have to be received before you could start turning dirt. An amended plat could be recorded after that.
The exception can be worded accordingly.
Conservation Easement -
a. There were several former project references or other corrections needed within the draft CE.
Provide a red lined copy of the CE and ensure that all needed corrections have been found. There is an
attached CE with USACE tracked comments for the ones indentified.
b. The map depicted in Exhibit A seems to be the county property map ... will the survey plat be filed as
an attachment to the CE itself or recorded separately and incorporated by reference?
C. The recombination tract only deals with the 2 acre tract and appears to be excluded on page 2 of the
plat (assuming it will go to the adjacent landowner). The 14 acre tract is identified on page 3, is it to remain a
stand-alone parcel? Ensure they are not in the legal description of the CE. The county property map (Exhibit A)
includes both those parcels, will it be updated with the final version?
d. Make sure that all closed roads are identified to the extent that they are known.
There were no other issues with the title. Feel free to contact me to discuss any of these items in further
detail.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
(828)-933-8032 cell
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete the Customer Satisfaction Survey located at our website at
Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 to complete the survey online.
From: Andrea Eckardt <aeckardt@wildlandseng.com <mailto:aeckardt@wildlandseng.com> >
Sent: Tuesday, March 3, 2020 10:08 AM
To: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil
<mailto:Steven.L.Kichefski@usace.army.mil> >; Pruitt, Carl E Jr CIV USARMY CESAW (USA)
<Carl.E.Pruitt@usace.army.mil <mailto:Carl.E.Pruitt@usace.army.mil> >
Cc: Jake McLean <jmclean@wild Iandseng.com <mailto:jmclean@wild Iandseng.com> >; Browning, Kimberly D
CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil
<mailto:Kimberly. D. Browning@ usace.army.mil> >
Subject: [Non-DoD Source] East Buffalo Conservation Easement Review - USACE ID # SAW-2019-01296
Steve and Carl -
Attached is the conservation easement package for the East Buffalo Mitigation Site for review. The site is part
of the Wildlands Little Tennessee Umbrella Mitigation Bank.
USACE ID # SAW-2019-01296. The easement document is based on the USACE Model CE.
The project includes one parcel and one property owner: Ramlonghorn, LLC.
* The property is 276.70 acres.
* The conservation easement area is 259.84 acres.
* The area excluded from the easement is 14.86 ac
* The additional 2-acre area shown on the plat will be recombined with the adjacent property prior to
recording the conservation easement (see also attached recombination plat).
I have included the following documents for review:
* Conservation Easement (word document)
* Conservation Easement Plats (PDF)
* Preliminary Title Opinion (PDF)
* Easement Boundary (zipped GIS files)
* Easement Boundary (CAD file)
* 2 acre Recombination Plat (PDF)
4
Please let me know if you need any additional information or documentation.
Andrea
Andrea S. Eckardt I Ecological Assessment Team Leader
704.332.7754 x101
Wildlands Engineering, Inc. <BlockedBlockedhttp://www.wildlandseng.com/>
1430 S. Mint St, Suite 104
Charlotte, NC 28203
kt�
WILDLANDS
ENGINEERING
August 22, 2020
Mr. Steve Kichefski
US Army Corps of Engineers — Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28806-5006
Via email Steven.L.Kichefsi@usace.army.mil
RE: Response to USACE Conservation Easement Review Comments
East Buffalo Mitigation Site, Graham County
Little Tennessee River Basin HUC 06010204
USACE Action ID No. SAW-2019-01296
NC DWR No. 20191132
Dear Mr. Kichefski:
Wildlands Engineering, Inc. (Wildlands) has reviewed the USACE June 30, 2020 comments from the Little
Tennessee Umbrella Mitigation Bank - East Buffalo Mitigation Site easement package submitted March
3, 2020. The following responses to USACE comments (in italics) are noted below.
Survey Plat — Although a PJD is not to the same as an AJD and the plat does not have to be
exactly the same as the PJD, the survey should reflect the information relevant to the purpose of
the CE. The survey boundaries seem consistent with the PJD, but the potential streams seem
very inconsistent (missing, shortened or in the wrong place) and no wetlands were shown within
the project boundaries. Since the CE property is to be retained in its natural state, it seems the
survey plat should more accurately reflect the potential jurisdictional features as documented
by the PJD. If this is inconsistent with previous banks or you feel it is in error, then contact me to
discuss further.
The existing streams and wetlands, as documented in the PJD, have been added to the plat.
Utility line — Since the utility line is being relocated but remaining within the CE, clarification is
needed as to the process and documentation for the final plat and CE. Will the relocation occur
before or after the CE is signed? Provide a brief description. If the relocation will occur after the
CE is signed, specify that the construction involved in the relocation of the lines is not prohibited
by stating it as an exception in II.B. Construction. If known where the line is to be relocated,
that could be identified on the plat, if not, approval would have to be received before you could
start turning dirt. An amended plat could be recorded after that. The exception can be worded
accordingly.
The utility line is scheduled to be moved to the location shown in the Mitigation Plan and
surveyed by September 30, 2020. The new alignment will be added to the final plat prior to
recording.
3. Conservation Easement —
a. There were several former project references or other corrections needed within the
draft CE. Provide a red lined copy of the CE and ensure that all needed corrections have
been found. There is an attached CE with USACE tracked comments for the ones
identified.
All corrections have been incorporated into the final conservation easement document.
Attached is a redlined version showing the changes.
The map depicted in Exhibit A seems to be the county property map ... will the survey
plat be filed as an attachment to the CE itself or recorded separately and incorporated
by reference?
Exhibit A does reference the entire property. Exhibit B describes the conservation
easement boundary. Exhibit B will include both the metes and bounds description as
well as reference to the recorded plat showing the easement boundary.
The recombination tract only deals with the 2-acre tract and appears to be excluded on
page 2 of the plat (assuming it will go to the adjacent landowner). The 14-acre tract is
identified on page 3, is it to remain a stand-alone parcel? Ensure they are not in the
legal description of the CE. The county property map (Exhibit A) includes both those
parcels, will it be updated with the final version?
Correct, the 14-acre area will stay part of the parcel, but not be included in the
conservation easement area. This will be documented in Exhibit B of the easement
through both the legal description and the recorded plat.
Make sure that all closed roads are identified to the extent that they are known.
The closed roads located and shown in the Mitigation Plan have been added to the
updated plat.
A copy of the updated conservation easement document is attached. We will send a copy of the
final plat once the new utility line location has been added in September. Please contact me or
Jake McLean (jmclean@wildlandseng.com) if you have any questions.
Sincerely,
0"� �;, Lac-v .'t-
Andrea S. Eckardt
Project Manager
704-560-2997 (cell)
aeckardt@wildlandseng.com
Little Tennessee Umbrella Mitigation Bank: East Buffalo Creek Mitigation Plan
USACE Conservation Easement Comment Response
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Prepared by Wildlands Enizineeriniz, Inc
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of , 2020 by and between-Ramlonghorn, LLC a North Carolina
limited liability company, ("Grantor") and Unique Places to Save ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Wilkes Graham County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue
Code, the purposes or powers of which include one or more of the purposes (a) — (d)
listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of real
property;
(b) ensuring the availability of real property for recreational, educational, or
open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following natural
communities: wetlands, streams and riparian buffers. The purpose of this Conservation
Easement is to maintain streams, wetlands and riparian resources and other natural
values of approximately 259.84 acres, more or less, and being more particularly
described in Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Easement Area"), and prevent the use or development of the Conservation
Easement Area for any purpose or in any manner that would conflict with the
maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI)
and Mitigation Plan for the Little Tennessee Umbrella Mitigation Bank— East Buffalo
Mitigation Site, Department of the Army (DA) Action ID Number SAW 2019-01296,
entitled "Agreement to Establish the Little Tennessee Umbrella Mitigation Bank in the
Little Tennessee River Basin within the State of North Carolina", entered into by and
between Wildlands Holdings VI, LLC (Wildlands) acting as the Bank Sponsor and the
Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina
Interagency Review Team (IRT). The East Buffalo Mitigation Site has been approved by
the Corps for use as a mitigation bank to compensate for unavoidable stream and
wetland impacts authorized by DA permits.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall
be held by the North Carolina Division of Water Resources (NCDWR) and the U.S. Army
Corps of Engineers, Wilmington District ("Third-P-af¢Parties," to include any successor
agencies), and may be exercised through the appropriate enforcement agencies of the
United States and the State of North Carolina, and that these rights are in addition to, and
do not limit, the rights of enforcement under the NCDWR Project ID #
and Department of the Army instrument number SAW-2017-01913 ("Mitigation Banking
Instrument"), or any permit or certification issued by the Third-yParties.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and
irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever
and in perpetuity a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the Conservation Easement Area described on Exhibit B,
together with the right to preserve and protect the conservation values thereof, as
follows:
/e11A1109:11
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the
purpose of this Conservation Easement is prohibited. The Conservation Easement Area
shall be preserved in its natural condition and restricted from any development that
would impair or interfere with the conservation values of the Conservation Easement
Area.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna,
utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent
structure or facility on or above the Conservation Easement Area, ^)(C^^+ f^F F^as^nable
maffintenance and repairs undeFtaken en the barn lecated in an internal CFessing
designated in AFea D.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except
as provided in the Mitigation Plan. Mowing of invasive and herbaceous vegetation for
purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation
Plan is allowable once a year for no more than five consecutive years from the date on
page 1 of this Conservation Easement, except where mowing will negatively impact
vegetation or disturb soils. Mowing activities shall only be performed by Wildlands
Holdings IV, LLC and shall not violate any part of Item L of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area, except with;^ InterRal rr„ssiRg Areas as ShE)wR ^^ the
^erde' survey plat; nor enlargement or modification to existing roads, trails or walkways
on the Conservation Easement Area.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation values
of the Conservation Easement Area, signs giving directions or proscribing rules and
regulations for the use of the Conservation Easement Area and/or signs identifying the
Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Conservation Easement Area, except to restore natural topography or drainage
patterns. For purposes of restoring and enhancing streams and wetlands within the
Conservation Easement Area, Wildlands is allowed to perform grading, filling, and
excavation associated with stream and wetland restoration and enhancement activities as
described in the Mitigation Plan and authorized by Department of the Army Nationwide
Permit 27.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for
temporary or occasional access by the Wildlands, the Grantee, its employees and
agents, successors, assigns, NCDWR, and the Corps for purposes of constructing,
maintaining and monitoring the restoration, enhancement and preservation of
streams, wetlands and riparian areas within the Conservation Easement Area.
However, the operation of mechanical vehicles is not prohibited on roads or trails
approved and constructed within Internal Crossing Areas as shown on the recorded survey
plat. The use of mechanized vehicles for monitoring purposes is limited to only existing
roads and trails as shown in the approved in the mitigation plan.
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant, the
preservation of the Conservation Easement Area substantially in its natural condition, or
the protection of its environmental systems, is prohibited.
Gl[ir11:�111
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area for
all purposes not inconsistent with this Conservation Easement, including, but not limited
to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress
and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right
to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in
part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including Wildlands acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation Easement
Area in accordance with the approved Little Tennessee Umbrella Mitigation Bank— East
Buffalo Mitigation Site)(adkin Valley U,. bF lla Mitt alien Plan CriteheF Br theFs Miti ati n
Side, and the Mitigation Banking Instrument described in the Recitals of this Conservation
Easement.
ARTICLE IV. GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the
Corps, shall have the right to enter the Property and Conservation Easement Area at all
reasonable times for the purpose of inspecting the Conservation Easement Area to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Wildlands, and its authorized representatives, successors and
assigns, and the Corps shall also have the right to enter and go upon the Conservation
Easement Area for purposes of making scientific or educational observations and studies,
and taking samples. The easement rights granted herein do not include public access
rights.
/_1Ci1[0I4WV
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and the Corps are
allowed to prevent any activity on or use of the Conservation Easement Area that is
inconsistent with the purposes of this Easement and to require the restoration of such
areas or features of the Conservation Easement Area that may be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor
that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing
of such breach. The Grantor shall have 30 days after receipt of such notice to correct the
conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings
including damages, injunctive and other relief. Notwithstanding the foregoing, the
Grantee reserves the immediate right, without notice, to obtain a temporary restraining
order, injunctive or other appropriate relief if the breach of the terms of this Conservation
Easement is or would irreversibly or otherwise materially impair the benefits to be derived
from this Conservation Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in
addition to, and not in lieu of, all other rights and remedies available to Grantee in
connection with this Conservation Easement. The costs of a breach, correction or
restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be
paid by Grantor, provided Grantor is determined to be responsible for the breach. The
Corps shall have the same rights and privileges as the said Grantee to enforce the terms
and conditions of this Conservation easement.
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Conservation Easement Area resulting from such
causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property which
have not been expressly subordinated to this Conservation Easement. Grantor further
warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend title
to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest
in all or a portion of the Conservation Easement Area. The Grantor agrees to provide
written notice of such transfer at least sixty (60) days prior to the date of the transfer. The
Grantor and Grantee agree that the terms of this Conservation Easement shall survive any
merger of the fee and easement interests in the Conservation Easement Area or any
portion thereof and shall not be amended, modified or terminated without the prior
written consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder pursuant to 33
CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3) and § 170 (h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of
the transfer or assignment will be such that the transferee or assignee will be required to
continue in perpetuity the conservation purposes described in this document.
D. Entire Agreement and Severability. The Mitigation Banking Instrument: MBI
with corresponding Mitigation Plan, and this Conservation Easement sets forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings or agreements relating to the
Conservation Easement. If any provision is found to be void or unenforceable by a court of
competent jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor, except those
incurred after the date hereof, which are expressly subject and subordinate to the
Conservation Easement. Grantee shall not be responsible for any costs or liability of any
kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of
the obligation to comply with federal, state or local laws, regulations and permits that may
apply to the exercise of the Reserved Rights.
F. Long -Term Management. If livestock operations will be maintained on the
property, Grantor is responsible for all long-term management activities associated with
fencing to ensure livestock do not have access to the Protected Property. These activities
include the maintenance and/or replacement of fence structures, as deemed necessary by
the Grantee, to ensure the aquatic resource functions within the boundaries of the
Protected Property are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this
Conservation Easement may only be extinguished, in whole or in part, by judicial
proceeding.
H. Eminent Domain. Whenever all or part of the Conservation Easement Area
is taken in the exercise of eminent domain so as to substantially abrogate the
Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in
appropriate actions at the time of such taking to recover the full value of the taking,
and all incidental and direct damages due to the taking.
1. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area is sold, exchanged, or involuntarily converted following an extinguishment
or the exercise of eminent domain, Grantee shall be entitled to the fair market value of
this Conservation Easement as determined at the time of the extinguishment or
condemnation.
J. Notification. Any notice, request for approval, or other communication required
under this Conservation Easement shall be sent by registered or certified mail, postage
prepaid, to the following addresses (or such address as may be hereafter specified by
notice pursuant to this paragraph):
To Grantor:
Ramlonghorn, LLC.
2104 Island Wood Road
Austin, TX 78733
Attn: Brian Golson
To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
Attention: Conservation and Mitigation Specialist
To Sponsor:
Wildlands Holdings VI, LLC
143 South Mint Street, Suite 104
Charlotte, NC 28203
Attention: Shawn D. Wilkerson
Fax: 704-332-3306
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's interest
shall become vested in another qualified grantee in accordance with an appropriate
proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in a
writing signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the conservation purposes of this grant.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
3 of the Mitigation Plan, prepared by Grantor and acknowledged by the Grantor and
Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee
have copies of this report. It will be used by the parties to assure that any future changes
in the use of the Conservation Easement Area will be consistent with the terms of this
Conservation Easement. However, this report is not intended to preclude the use of other
evidence to establish the present condition of the Conservation Easement Area if there is a
controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and
year first above written.
Grantor: Ramlonghorn, LLC., a North Carolina limited liability company
M
Brian Golson, Manager
Date:
TEXAS
COUNTY OF
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that Brian Golson, Grantor, personally appeared before me this
day and acknowledged that he is Manager of Ramlonghorn, LLC, a North Carolina limited
liability company, and that he, as Manager, being authorized to do so, executed the
foregoing on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of , 20_.
Notary Public
My commission expires:
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day
and year first above written.
Grantee: Unique Places to Save
Bv:
David Fisher, Board Member
Date:
�&r_-rrx•»
COUNTY OF
(SEAL)
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that Jeff Fisher, Grantee, personally appeared before me this
day and acknowledged that he is Board Member of Unique Places to Save, a non-profit
corporation, and that he, as Board Member, being authorized to do so, executed the
foregoing on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of , 20_.
Notary Public
My commission expires:
EXHIBIT A
%.,WILDLANDS 0 400 900 Feet
ENGINEERING I I I I I
QProperty
Parcels
Exhibit A Project Property
East Buffalo Mitigation Site
Little Tennessee River Basin 06010204
Graham County, NC
Date: 3/3/2020
EXHIBIT B
A Conservation Easement for Wildlands Engineering, Inc.
"East Buffalo Mitigation Site"
Property of.
Ramlonghorn, LLC
USACE ID # SAW-2019-01296
The following conservation easement areas are located off of East Buffalo Road, SR 1254, within
the Cheoah Township, Graham County, North Carolina and being on portions of that property
conveyed to Ramlonghorn, LLC through Deed Book 374, Page 420 of the Graham County Register
of Deeds, and being more particularly described as follows (all bearings are grid bearings and all
distances are horizontal ground distances):
Conservation Easement Area A:
BEGINNING AT AN EXISTING PK NAIL IN THE CENTER OF EAST BUFFALO ROAD, SR 1254, said road
having a right of way width of 60 feet per Deed Book 62, Page 537, said PK nail being at the
common corner of Deed Book 374, Page 420 and Deed Book 72, Page 553 of the Graham County
Registry, and also being located S 82°19'12" E a distance of 252.17 feet from a 5/8" rebar with a
"Kee" Control Point cap set in concrete (Control Point #501) having North Carolina State Plane
Coordinates (2011) of Northing: 622178.86 feet and Easting: 567465.78 feet;
Thence with the aforementioned common line, with the center of SR 1254 as it meanders, and
with the conservation easement area the following (2) courses and distances:
(1) with a curve to the right having a radius of 641.10 feet, an arc length of 115.00 feet, a chord
bearing of N 87°42'41" W, and a chord length of 114.84 feet to an unmarked point;
(2) N 82°34'23" W a distance of 51.34 feet to an existing PK nail, said PK nail being at the
common corner of Deed Book 374, Page 420, Deed Book 72, Page 553 and Deed Book 128,
Page 799 of the Graham County Registry;
Thence leaving the aforesaid common line, leaving the center of SR 1254, with the common line of
Deed Book 374, Page 420 and Deed Book 128, Page 799 of the Graham County Registry, and
continuing with the conservation easement area the following (2) courses and distances:
(1) N 04°03'09" E a distance of 13.46 feet to an existing 5/8" rebar;
(2) N 04°03'09" E, crossing a 40 foot wide right of way and easement of Duke Energy, passing a
common corner of Deed Book 374, Page 420, Deed Book 128, Page 799 and Deed Book
240, Page 770 of the Graham County Registry, a distance of 707.10 feet to an existing 3/4"
iron pipe, said iron pipe being at a common corner of Deed Book 374, Page 420 and Deed
Book 240, Page 770 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 240, Page 770 of the Graham County Registry, and continuing with the conservation
easement area N 54°40'03" W, passing a common corner of Deed Book 374, Page 420, Deed Book
240, Page 770 and Deed Book 128, Page 799 of the Graham County Registry, a distance of 414.72
feet to a 42" white oak, said white oak being at a common corner of Deed Book 374, Page 420 and
Deed Book 128, Page 799 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 128, Page 799 of the Graham County Registry, and continuing with the conservation
easement area N 83°06'50" W a distance of 459.65 feet to an existing 5/8" rebar, said rebar being
at the common corner of Deed Book 374, Page 420, Deed Book 128, Page 799 and Deed Book 345,
Page 163 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 345, Page 163 of the Graham County Registry, and continuing with the conservation
easement area N 04°30'42" W a distance of 480.28 feet to a 16" ash, said ash being at the
common corner of Deed Book 374, Page 420, Deed Book 345, Page 163 and Deed Book 141, Page
579 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 141, Page 579 of the Graham County Registry, and continuing with the conservation
easement area N 79°14'02" E a distance of 308.64 feet to an existing 1/2" rebar, said rebar being
at the common corner of Deed Book 374, Page 420, Deed Book 141, Page 579 and Deed Book 330,
Page 487 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 330, Page 487 of the Graham County Registry N 79°14'02" E a distance of 538.78 feet
to an existing 5/8" rebar, said rebar being at the common corner of Deed Book 374, Page 420,
Deed Book 330, Page 487, and Deed Book 328, Page 687 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 328, Page 687 of the Graham County Registry, and continuing with the conservation
easement area N 79°14'02" E a distance of 469.92 feet to an existing 5/8" rebar, said rebar being
at the common corner of Deed Book 374, Page 420, Deed Book 328, Page 687, Deed Book 259,
Page 157 and Deed Book 315, Page 588 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 315, Page 588 of the Graham County Registry, and continuing with the conservation
easement area N 79°14'02" E a distance of 757.85 feet to an existing planted stone, said stone
being at the common corner of Deed Book 374, Page 420, Deed Book 315, Page 588 and Deed
Book 246, Page 605 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 246, Page 605 of the Graham County Registry, and continuing with the conservation
easement area the following (3) courses and distances:
(1) S 13°00'11" E a distance of 111.47 feet to an existing 1/2" rebar;
(2) S 14°14'55" E a distance of 106.70 feet to an existing 1/2" rebar;
(3) S 22°24'51" E a distance of 374.94 feet to an existing 1/2" rebar, said rebar being at a
common corner of Deed Book 374, Page 420, Deed Book 246, Page 605 and Deed Book
XXX, Page XXX of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book XXX, Page XXX of the Graham County Registry, and continuing with the conservation
easement area the following (3) courses and distances:
(1) S 59°59'24" W a distance of 540.39 feet to an 5/8" rebar set with a "Kee" cap;
(2) S 82°53'10" E a distance of 266.65 feet to an 5/8" rebar set with a "Kee" cap;
(3) N 84°50'42" E a distance of 307.81 feet to an 5/8" rebar set with a "Kee" cap, said rebar
being at a common corner of Deed Book 374, Page 420, Deed Book XXX, Page XXX and
Deed Book 246, Page 605 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 246, Page 605 of the Graham County Registry, and continuing with the conservation
easement area S 20°31'39" E a distance of 35.59 feet to an unmarked point in the center of East
Buffalo Creek, said point being at the common corner of Deed Book 374, Page 420, Deed Book
246, Page 605 and Deed Book 288, Page 501 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 288, Page 501 of the Graham County Registry, up and with the center of East Buffalo
Creek as it meanders, and continuing with the conservation easement area S 59°20'04" W a
distance of 9.82 feet to an unmarked point;
Thence continuing with the aforesaid common line, leaving the center of East Buffalo Creek, and
continuing with the conservation easement area the following (2) courses and distances:
(1) S 21°24'27" E a distance of 17.81 feet to an existing 5/8" rebar;
(2) S 21°24'27" E a distance of 142.78 feet to an unmarked point located N 72°00'45" E a
distance of 2.22 feet from an existing 5/8" rebar witness, said point being at the common
corner of Deed Book 374, Page 420, Deed Book 288, Page 501 and Deed Book 260, Page
609 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 260, Page 609 of the Graham County Registry, and continuing with the conservation
easement area the following (2) courses and distances:
(1) S 17°51'09" E a distance of 214.15 feet to an existing 1/2" iron pipe;
(2) S 17°51'09" E a distance of 13.46 feet to an existing PK nail in the center of the
aforementioned East Buffalo Road, SR 1254, said PK nail being at a common corner of Deed
Book 374, Page 420, Deed Book 260, Page 609 and Deed Book 352, Page 603 of the Graham
County Registry;
Thence leaving the aforesaid common line, with the center of SR 1254 as it meanders, and
continuing with the conservation easement area the following (7) courses and distances:
(1) S 46°23'02" W a distance of 48.83 feet to an unmarked point;
(2) with a curve to the right having a radius of 402.67 feet, an arc length of 191.95 feet, a chord
bearing of S 60°02'47" W and a chord length of 190.14 feet to an unmarked point;
(3) S 73°42'09" W a distance of 47.71 feet to an unmarked point;
(4) with a curve to the left having a radius of 198.83 feet, an arc length of 105.01 feet, a chord
bearing of S 58°34'25" W and a chord length of 103.79 feet to an unmarked point;
(5) S 43°26'41" W a distance of 54.49 feet to an unmarked point;
(6) with a curve to the right having a radius of 114.52 feet, an arc length of 68.07 feet, a chord
bearing of S 60°28'21" W and a chord length of 67.07 feet to an unmarked point;
(7) with a curve to the left having a radius of 3520.00 feet, an arc length of 136.05 feet, a chord
bearing of S 76°23'35" W and a chord length of 136.04 feet to an unmarked point, said
point being at the northeast corner of a 14.86 acre exclusion area;
Thence with the northern line of the aforesaid exclusion area, continuing with the center of SR
1254 as it meanders, and continuing with the conservation easement area the following (4)
courses and distances:
(1) with a curve to the right having a radius of 1000.00 feet, an arc length of 60.22 feet, a chord
bearing of S 77°00'39" W and a chord length of 60.21 feet to an unmarked point;
(2) with a curve to the left having a radius of 1747.69 feet, an arc length of 167.92 feet, a chord
bearing of S 75°59'00" W and a chord length of 167.86 feet to an unmarked point;
(3) with a curve to the right having a radius of 2000.00 feet, an arc length of 89.19 feet, a chord
bearing of S 74°30'30" W and a chord length of 89.18 feet to an unmarked point;
(4) with a curve to the left having a radius of 493.29 feet, an arc length of 264.61 feet, a chord
bearing of S 60°25'07" W and a chord length of 261.45 to an unmarked point, said point
being at the northwest corner of the aforementioned exclusion area;
Thence leaving the northern line of the aforesaid exclusion area, continuing with the center of SR
1254 as it meanders, and continuing with the conservation easement area the following (4)
courses and distances:
(1) S 45°03'04" W a distance of 47.00 feet to an unmarked point;
(2) with a curve to the right having a radius of 230.68 feet, an arc length of 140.64 feet, a chord
bearing of S 62°31'02" W and a chord length of 138.47 feet to an unmarked point;
(3) with a curve to the left having a radius of 2830.00 feet, an arc length of 156.77 feet, a chord
bearing of S 78°23'46" W and a chord length of 156.75 feet to an unmarked point;
(4) with a curve to the right having radius of 641.10 feet, an arc length of 115.71 feet, a chord
bearing of S 81°58'46" W and a chord length of 115.55 to the TRUE POINT OF BEGINNING;
Being all of that area of land in Conservation Easement Area A containing a total of 62.16 Acres,
being the same more or less.
Conservation Easement Area B:
BEGINNING AT AN EXISTING PK NAIL IN THE CENTER OF EAST BUFFALO ROAD, SR 1254, said road
having a right of way width of 60 feet per Deed Book 62, Page 537, said PK nail being at the
common corner of Deed Book 374, Page 420 and Deed Book 72, Page 553 of the Graham County
Registry, and also being located S 82°19'12" E a distance of 252.17 feet from a 5/8" rebar with a
"Kee" Control Point cap set in concrete (Control Point #501) having North Carolina State Plane
Coordinates (2011) of Northing: 622178.86 feet and Easting: 567465.78 feet;
Thence with the center of SR 1254 as it meanders and with the conservation easement area the
following (4) courses and distances:
(1) with a curve to the left having a radius of 641.10 feet, an arc length of 115.71 feet, a chord
bearing of N 81°58'46" E and a chord length of 115.55 feet to an unmarked point;
(2) with a curve to the right having a radius of 2830.00 feet, an arc length of 156.77 feet, a
chord bearing of N 78°23'46" E and a chord length of 156.75 feet to an unmarked point;
(3) with a curve to the left having a radius of 230.68 feet, an arc length of 140.64 feet, a chord
bearing of N 62°31'02" E and a chord length of 138.47 feet to an unmarked point;
(4) N 45°03'04" E a distance of 47.00 feet to an unmarked point, said point being at the
northwest corner of a 14.86 acre exclusion area;
Thence leaving the center of SR 1254, with the common line of the aforesaid exclusion area, and
continuing with the conservation easement area the following (6) courses and distances:
(1) S 27°19'24" E a distance of 31.48 feet to a 5/8" rebar set with a "Kee" CE cap;
(2) S 27°19'24" E a distance of 877.19 feet to a 5/8" rebar set with a "Kee" CE cap;
(3) S 79°04'02" E a distance of 457.39 feet to a 5/8" rebar set with a "Kee" CE cap;
(4) N 05°29'29" E a distance of 646.72 feet to a 5/8" rebar set with a "Kee" CE cap;
(5) N 40°41'16" W a distance of 569.75 feet to a 5/8" rebar set with a "Kee" CE cap;
(6) N 40°41'16" W a distance of 33.41 feet to an unmarked point in the center of the
aforementioned SR 1254, said point being at the northeast corner of the aforementioned
exclusion area;
Thence leaving the common line of the aforesaid exclusion area, with the center of SR 1254 as it
meanders, and continuing with the conservation easement area the following (7) courses and
distances:
(1) with a curve to the right having a radius of 3520.00 feet, an arc length of 136.05 feet, a
chord bearing of N 76°23'35" E and a chord length of 136.04 feet to an unmarked point;
(2) with a curve to the left having a radius of 114.52 feet, an arc length of 68.07 feet, a chord
bearing of N 60°28'21" E and a chord length of 67.07 feet to an unmarked point;
(3) N 43°26'41" E a distance of 54.49 feet to an unmarked point;
(4) with a curve to the right having a radius of 198.83 feet, an arc length of 105.01 feet, a chord
bearing of N 58°34'25" E and a chord length of 103.79 feet to an unmarked point;
(5) N 73°42'09" E a distance of 47.71 feet to an unmarked point;
(6) with a curve to the left having a radius of 402.67 feet, an arc length of 191.95 feet, a chord
bearing of N 60°02'47" E and a chord length of 190.14 feet to an unmarked point;
(7) N 46°23'02" E a distance of 48.83 feet to an existing PK nail, said PK nail being at the
common corner of Deed Book 374, Page 420, Deed Book 260, Page 609 and Deed Book
352, Page 603 of the Graham County Registry;
Thence leaving the center of SR 1254, with the common line of Deed Book 374, Page 420 and
Deed Book 352, Page 603 of the Graham County Registry, up and with the top of a ridge as it
meanders, and continuing with the conservation easement area the following (11) courses and
distances:
(1) S 83°38'50" E a distance of 101.56 feet to an existing 1/2" rebar;
(2) S 69°37'16" E a distance of 137.14 feet to an existing 5/8" rebar;
(3) S 64°51'46" E a distance of 131.29 feet to an existing 5/8" rebar;
(4) S 54°39'28" E a distance of 176.11 feet to an existing 5/8" rebar;
(5) S 62°00'17"
E a distance of 106.50 feet to an existing 5/8"
rebar;
(6) S 66°35'16"
E a distance of 114.91 feet to an existing 5/8"
rebar;
(7) S 81°40'24"
E a distance of 154.10 feet to an existing 5/8"
rebar;
(8) N 84°25'33"
E a distance of 153.43 feet to an existing 5/8"
rebar;
(9) S 68°30'49"
E a distance of 100.60 feet to an existing 5/8"
rebar;
(10) S 60°17'12"
E a distance of 138.79 feet to an existing 5/8"
rebar;
(11) S 69°44'02"
E a distance of 182.30 feet to an existing 1/2"
rebar;
Thence leaving the top of the ridge, continuing with the aforesaid common line, and continuing
with the conservation easement area the following (2) courses and distances:
(1) N 36°41'34" E a distance of 290.46 feet to an existing 1/2" rebar;
(2) N 69°42'43" E a distance of 331.13 feet to an existing aluminum monument (Corner 6, USA
Tract N-723c), said monument being at the common corner of Deed Book 374, Page 420,
Deed Book 352, Page 603 and USA Tract N-723c of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
USA Tract N-723c of the Graham County Registry, and continuing with the conservation easement
area the following (6) courses and distances:
(1) N 70°25'31" E a distance of 85.99 feet to an existing 5/8" rebar;
(2) S 68°29'38" E a distance of 154.29 feet to a 5/8" rebar set with a "Kee" cap;
(3) S 76°44'40" E a distance of 165.47 feet to an existing 5/8" rebar;
(4) S 67°42'32" E a distance of 107.14 feet to an existing 5/8" rebar;
(5) S 64°52'43" E a distance of 136.51 feet to an existing 5/8" rebar;
(6) S 78°49'03" E a distance of 177.66 feet to a 20" white oak (Corner 5, USA Tract N-723c and
Corner 10, USA Tract N-1091a), said white oak being at the common corner of Deed Book
374, Page 420, USA Tract N-723c and USA Tract N-1091a of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
USA Tract N-1091a of the Graham County Registry, and continuing with the conservation
easement area S 70°52'48" E a distance of 167.63 feet to an existing 5/8" rebar, said rebar
being at the common corner of Deed Book 374, Page 420, USA Tract N-1091a and Deed Book 348,
Page 844 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 348, Page 844 of the Graham County Registry, and continuing with the conservation
easement area the following (3) courses and distances:
(1) S 14°59'28" W a distance of 1104.60 feet to an existing 5/8" rebar;
(2) S 86°01'48" E a distance of 287.11 feet to an existing 1/2" rebar;
(3) S 86°01'48" E a distance of 14.17 feet to a 5/8" rebar set with a "Kee" cap on top of a ridge,
said rebar being at the common corner of Deed Book 374, Page 420, Deed Book 348, Page
844 and USA Tract N-1091a of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
USA Tract N-1091a of the Graham County Registry, with the top of the ridge as it meanders, and
continuing with the conservation easement area the following (32) courses and distances:
(1) S 50°39'08"
W a distance of 28.00 feet to a 5/8" rebar set with a "Kee" cap;
(2) S 56°26'34"
W a distance of 40.22 feet to a 5/8" rebar set with a "Kee" cap;
(3) S 46°17'36"
W a distance of 83.60 feet to a 5/8" rebar set with a "Kee" cap;
(4) S 49°21'04"
W a distance of 30.94 feet to a 5/8" rebar set with a "Kee" cap;
(5) S 46°01'53"
W a distance of 205.80 feet to a 5/8" rebar set with a "Kee" cap;
(6) S 44°51'32"
W a distance of 122.56 feet to a 14" hickory;
(7) S 44°09'21"
W a distance of 82.42 feet to a 5/8" rebar set with a "Kee" cap;
(8) S 43°44'42"
W a distance of 87.67 feet to a 5/8" rebar set with a "Kee" cap;
(9) S 52°25'12"
W a distance of 73.28 feet to a 5/8" rebar set with a "Kee" cap;
(10) S 47°46'38"
W a distance of 78.06 feet to a 5/8" rebar set with a "Kee" cap;
(11) S 44°58'48"
W a distance of 87.95 feet to a 5/8" rebar set with a "Kee" cap;
(12) S 19°45'02"
W a distance of 86.40 feet to an existing aluminum monument;
(13) S 23°45'16"
W a distance of 72.57 feet to a 5/8" rebar set with a "Kee" cap;
(14) S 34°31'28"
W a distance of 118.79 feet to a 5/8" rebar set with a "Kee" cap;
(15) S 29°35'03"
W a distance of 151.26 feet to a 5/8" rebar set with a "Kee" cap;
(16) S 30°11'52"
W a distance of 65.20 feet to a 5/8" rebar set with a "Kee" cap;
(17) S 22°41'53"
W a distance of 117.48 feet to a 5/8" rebar set with a "Kee" cap;
(18) S 25°51'04"
W a distance of 91.46 feet to a 5/8" rebar set with a "Kee" cap;
(19) S 21°09'21"
W a distance of 80.61 feet to an existing aluminum monument;
(20) S 66°13'20"
W a distance of 190.59 feet to a 5/8" rebar set with a "Kee" cap;
(21) S 60°34'05"
W a distance of 110.91 feet to a 5/8" rebar set with a "Kee" cap;
(22) S 58°00'34"
W a distance of 134.97 feet to a 5/8" rebar set with a "Kee" cap;
(23) S 54°19'18"
W a distance of 122.86 feet to an 8" maple;
(24) S 49°02'05"
W a distance of 53.16 feet to a 5/8" rebar set with a "Kee" cap;
(25) S 53°33'39"
W a distance of 83.72 feet to a 5/8" rebar set with a "Kee" cap;
(26) S 43°31'19"
W a distance of 89.23 feet to a 5/8" rebar set with a "Kee" cap;
(27) S 57°43'54"
W a distance of 85.47 feet to a 5/8" rebar set with a "Kee" cap;
(28) S 66°29'46"
W a distance of 131.23 feet to a 5/8" rebar set with a "Kee" cap;
(29) S 63°53'38"
W a distance of 167.49 feet to a 5/8" rebar set with a "Kee" cap;
(30) S 45°13'55"
W a distance of 38.72 feet to a 5/8" rebar set with a "Kee" cap;
(31) S 37°11'08"
W a distance of 22.90 feet to an unmarked point;
(32) S 73°40'32"
W a distance of 75.04 feet to an existing aluminum monument (Corner 5A,
USA Tract N-1091a and Corner 31A, USA Tract N-252o), said monument being at the
common corner of Deed Book 374, Page 420, USA Tract N-1091a and USA Tract N-252o of
the Graham
County Registry;
Thence leaving the aforesaid common line, leaving the top of the ridge, with the common line of
Deed Book 374, Page 420 and USA Tract N-252o of the Graham County Registry, and continuing
with the conservation easement area the following (3) courses and distances:
(1) N 13°55'58" W a distance of 300.01 feet to an existing aluminum monument;
(2) N 45°53'34" W a distance of 810.85 feet to a 23" chestnut oak (Corner 30, USA Tract N-
252o);
(3) N 53°36'55" W a distance of 545.99 feet to a white oak snag (Corner 29, USA Tract N-252o),
said white oak snag being at the common corner of Deed Book 374, Page 420, USA Tract N-
252o and Deed Book 214, Page 363 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 214, Page 363 of the Graham County Registry, and continuing with the conservation
easement area the following (18) courses and distances:
(1) N 70°11'34" W a distance of 49.63 feet to an existing 5/8" rebar;
(2) N 62°32'04" W a distance of 126.86 feet to an existing 5/8" rebar;
(3) N 61°14'55" W a distance of 42.95 feet to a 5/8" rebar set with a "Kee" cap;
(4) N 57°43'40" W a distance of 40.99 feet to a 5/8" rebar set with a "Kee" cap;
(5) N 59°42'46" W a distance of 137.08 feet to a 5/8" rebar set with a "Kee" cap;
(6) N 62°16'14" W a distance of 75.23 feet to a 5/8" rebar set with a "Kee" cap;
(7) N 65°58'55" W a distance of 48.01 feet to a 5/8" rebar set with a "Kee" cap;
(8) N 67°24'31" W a distance of 72.95 feet to a 5/8" rebar set with a "Kee" cap;
(9) N 55°08'20" W a distance of 146.26 feet to a 5/8" rebar set with a "Kee" cap;
(10) N 46-26-39" W a distance of 100.79 feet to a 5/8" rebar set with a "Kee" cap;
(11) N 44-15-38" W a distance of 128.09 feet to a 5/8" rebar set with a "Kee" cap;
(12) N 29-10-08" W a distance of 117.16 feet to a 15" chestnut oak;
(13) N 43-54-17" W a distance of 125.95 feet to a 5/8" rebar set with a "Kee" cap;
(14) N 33-28-25" W a distance of 67.69 feet to a 5/8" rebar set with a "Kee" cap;
(15) N 24-30-20" W a distance of 95.78 feet to a 5/8" rebar set with a "Kee" cap;
(16) N 27-09-19" W a distance of 94.01 feet to a 20" red oak snag;
(17) N 20-25-13" W a distance of 69.09 feet to a 5/8" rebar set with a "Kee" cap;
(18) N 08-37-22" W a distance of 92.37 feet to a 5/8" rebar set with a "Kee" cap;
Thence continuing with the aforesaid common line, passing the common corner of Deed Book
374, Page 420, Deed Book 214 Page 363 and Deed Book 367, Page 550 of the Graham County
Registry, and continuing with the conservation easement area N 06°21'04" E a distance of 89.39
feet to a 5/8" rebar set with a "Kee" cap, said rebar being in the common line of Deed Book 374,
Page 420 and Deed Book 367, Page 550 of the Graham County Registry;
Thence with the common line of Deed Book 374, Page 420 and Deed Book 367, Page 550 of the
Graham County Registry, and continuing with the conservation easement area the following (3)
courses and distances:
(1) N 03°20'39" E a distance of 86.09 feet to a 28" white oak;
(2) N 13°32'34" E a distance of 94.55 feet to a 36" oak;
(3) N 18°32'53" W a distance of 145.37 feet to an existing 1/2" iron pipe, said iron pipe being at
the common corner of Deed Book 374, Page 420, Deed Book 367, Page 550 and Deed Book
72, Page 553 of the Graham County Registry;
Thence leaving the aforesaid common line, with the common line of Deed Book 374, Page 420 and
Deed Book 72, Page 553 of the Graham County Registry, and continuing with the conservation
easement area N 00°08'03" E a distance of 145.92 feet to the TRUE POINT OF BEGINNING;
Being all of that area of land in Conservation Easement Area B containing a total of 197.68
Acres, being the same more or less.
Being all of two conservation easement areas containing a total of 259.84 Acres, being the same
more or less, according to a plat of survey entitled "A Conservation Easement Survey for Wildlands
Engineering, Inc., East Buffalo Mitigation Site, Little Tennessee Umbrella Mitigation, USACE ID #
SAW-2019-01296", on the property of Ramlonghorn, LLC, dated XX/XX/XX, Job# 190650-CE. This
description of land was prepared from an actual survey and shown on the aforesaid plat by Kee
Mapping and Surveying, PA (License # C-3039) between the dates of 06/26/19 — 01/20/20 and
under the supervision of Kevin L. Jones, NC PLS (License # L-5016) and shown on a plat of survey as
recorded in Plat Book , Pages through of the Graham County Register of Deeds,
to which reference should be made for a more complete description.