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20190157
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Version* 3
Katie Merritt
Initial Review Completed Date 05/28/2021
Mitigation Project Submittal - 5/28/2021
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r Stream r Wetlands rJ Buffer rJ Nutrient Offset
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Project Contact Information
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Jason Lorch
Project Information
ID#:*
20190157
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Project Type: r DMS C•' Mitigation Bank
Project Name: Perry Hill II Mitigation Bank Parcel
County: Orange
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Mitigation Monitoring Report
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Existing Version
Perry Hill II Mitigation Bank Parcel - As Built
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Monitoring Report.pdf
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Jason Lorch
Perry Hill II Mitigation Bank Parcel
DWR Project No. 2019-0157v3
Wildlands Holdings V, LLC’s Perry Hill II Mitigation Bank
AS-BUILT & BASELINE MONITORING REPORT
May 2021
PREPARED BY:
Wildlands Engineering, Inc.
312 West Millbrook Road, Suite 225
Raleigh, NC 27609
Phone: 919-851-9986
Perry Hill II Mitigation Bank Parcel Page 1
As-Built & Baseline Monitoring Report – May 2021
AS-BUILT & BASELINE MONITORING REPORT
Perry Hill II Mitigation Bank Parcel
Wildlands Holdings V, LLC’s Perry Hill II Mitigation Bank
TABLE OF CONTENTS
1.0 Introduction ...................................................................................................................................... 2
2.0 Parcel Location & Background .......................................................................................................... 2
2.1 Location and Setting ..................................................................................................................... 2
2.2 Parcel Background ........................................................................................................................ 2
2.3 Parcel Objectives .......................................................................................................................... 2
3.0 Restoration and Enhancement Activities .......................................................................................... 3
4.0 Mitigation Potential and Deviations from the Bank Parcel Development Package (BPDP) ............. 3
5.0 Monitoring Protocol & Success Criteria ............................................................................................ 4
6.0 Financial Assurance & Long Term Management .............................................................................. 4
6.1 Financial Assurance ...................................................................................................................... 4
6.2 Parcel Maintenance ...................................................................................................................... 4
7.0 References ........................................................................................................................................ 4
APPENDICES
Appendix A: Figures and Tables
Figure 1 Vicinity Map
Figure 2 Service Area Map
Figure 3 Credit Generation Map
Figure 4 Monitoring Components Map
Figure 5 As-Built Survey
Table 1 Project Components and Riparian Buffer Mitigation Credits
Table 2 Project Activity and Reporting History
Table 3 Project Contact Table
Table 4 Project Information and Attributes
Table 5 Adjacent Forested Areas Existing Tree and Shrub Species
Table 6 Planted Tree Species (Riparian Buffer Planting Zone)
Appendix B: Vegetation Plot Data
Table 7 Stem Count Total and Planted Species by Vegetation Plot
Vegetation Plot Photographs
Appendix C: NC DWR Surface Water Determination
On-Site Surface Water Determination Letter and Map (2019)
Appendix D: Conservation Easement
Appendix E: Financial Assurance
Appendix F: Overview Photographs
Perry Hill II Mitigation Bank Parcel Page 2
As-Built & Baseline Monitoring Report – May 2021
AS-BUILT & BASELINE MONITORING REPORT
Perry Hill II Mitigation Bank Parcel
Wildlands Holdings V, LLC’s Perry Hill II Mitigation Bank
The Perry Hill II Mitigation Bank Parcel (“Parcel”) is part of Wildlands Holdings V, LLC, (Sponsor) Perry Hill
II Mitigation Bank (Bank). The Bank Parcel Development Plan (BPDP) was approved in October 2020. The
Parcel is located immediately adjacent to the Full Delivery North Carolina Division of Mitigation Services
(DMS) Perry Hill Mitigation Site, DWR Project No. 2019-0157v3 and DMS ID No. 100093 (DMS Site)
(Figure 1). The project includes headwater systems that flow directly to Corporation Lake, a water
supply reservoir on the Eno River which subsequently flows into Falls Lake and eventually into the Neuse
River. The purpose of the Parcel is to provide riparian buffer and nutrient offset mitigation credits to
compensate for unavoidable impacts in the Neuse River Basin 03020201 Hydrologic Unit Code (HUC)
within the Falls Lake Watershed (Figure 2).
1.0 Introduction
The Parcel was restored to provide ecological and water quality enhancements to the Neuse River Basin
by creating a functional riparian corridor and restoring the riparian buffer. The Parcel expands the
existing conservation easement of the riparian area from 100 feet adjacent to mitigated streams in the
DMS Site out to 200 feet where possible. A conservation easement was recorded on the 15.52-acre
Parcel in October 2020. Previously cattle had access to all streams but with the completion of
construction on the Site in March 2021, the first 100 feet from the project streams were restored or
enhanced via cattle exclusion, as a forested riparian area.
2.0 Parcel Location & Background
2.1 Location and Setting
The Parcel is in Orange County, approximately 3 miles northwest of Hillsborough, NC (Figure 1). To reach
the Parcel, traveling west on I40/85 from Raleigh/Durham, follow I40/85 to exit 161 for US-70 Connector
North. Take a right at the bottom of the ramp and continue onto US-70 East (1.0 mile) via US-70
Connector North. Continue on US-70E (1.9 miles) before taking a left onto Faucette Mill Road. Continue
(1.9 miles) and take a sight right onto Frank Perry Road. The Parcel will be on right (0.5 miles).
The Parcel is located within the Neuse River Basin 14-digit HUC 03020201030020 and DWR Subbasin 03-
04-01. The Parcel was restored for riparian buffer mitigation credit and nutrient offset credits in the
Neuse River Basin HUC 03020201 within the Falls Lake Watershed (Figure 2).
2.2 Parcel Background
Prior to construction, the Parcel consisted of active pasture used for cattle grazing and some woodlands.
Cattle had access to all streams prior to Site implementation. In general, this area has maintained its
rural, farming character over the last 81 years with only minor changes in land cover. Tables 2, 3, and 4
in Appendix A provide detailed information regarding the Project Activity and Reporting History, Project
Contacts, and Project Information and Attributes.
2.3 Parcel Objectives
The main objective of the Parcel was to reduce nutrient and sediment loading to the Neuse River
receiving waters. Extending the riparian area beyond that of the DMS Site has created a wider and more
functional riparian corridor. By removing cattle access and restoring the vegetation on areas up to 200
Perry Hill II Mitigation Bank Parcel Page 3
As-Built & Baseline Monitoring Report – May 2021
feet from the streams; the project is reducing nutrient and sediment inputs in the tributaries to the Eno
River, and subsequently Falls Lake.
3.0 Restoration and Enhancement Activities
Developing the Parcel for mitigation required converting existing livestock pasture within the riparian
zone to forest. Native tree species establishment occurred in both the buffer and the nutrient offset
restoration areas. The trees were planted by hand using dibble bars in rows running perpendicular to
the channels.
The revegetation plan for the Parcel included controlling invasive species, managing fescue competition,
and planting bare root trees. Vegetation management and herbicide applications were implemented
prior to planting activities to treat non-native, invasive species. Additionally, ring spray herbicide
treatments were applied at the base of every planted bare root to aid in tree growth and will be re-
treated as needed at the beginning of year two based on fescue re-establishment and tree growth. Soil
amendments were incorporated per the BPDP. All compacted pasture areas were ripped to a depth of
12” or more parallel to channel with haul roads receiving ripping along lines with 3’ spacing and all other
areas being spaced at 6’. Bare root trees selected for the Parcel were native riparian, wetland, and
upland species typical for piedmont communities as defined by Schafale (1990). An appropriate seed
mix was applied as necessary to provide temporary ground cover for soil stabilization and reduction of
sediment loss during rain events in disturbed areas. This was followed by an appropriate permanent
seed mixture, which includes pollinator species. Adjacent forested areas were also used as a reference
for the Parcel. Trees were planted at a density of 575 trees per acre, and Table 6 lists the tree species
that were planted on the Parcel. Wildlands restored the buffers and riparian areas by planting trees
beyond the DMS Site out to 200’ from top of bank along all project streams.
The easement was marked using conservation easement placards mounted on the fence surrounding
the conservation easement, u-posts, and trees following the entirety of the boundary. The fence is
offset by approximately two feet outside of the conservation easement boundary. These signs will be
maintained and replaced if necessary, throughout subsequent monitoring years. In addition, the
boundary line which marks the transition from the outer Bank to the inner DMS Site was delineated with
U-posts mounted with placards.
4.0 Mitigation Potential and Deviations from the Bank Parcel Development Package (BPDP)
Of the 15.52 acres protected under the conservation easement, the mitigation activity for 15.37 acres is
riparian restoration of which the sponsor is requesting 0.76 acres be used to generate riparian buffer
restoration credit (Falls Lake Watershed) for a total of 32,984 square feet and requesting the remaining
13.55 acres restored riparian areas be used to generate nutrient offset credits within the Neuse
03020201. Additionally, there is 1.06 acres of buffer enhancement, via cattle exclusion within the
conservation easement associated with buffer credit. No credit is claimed on 0.15 acres due to distance
from project features. In general, riparian buffer restoration area widths on streams extend out to 100
feet from top of bank for Neuse River buffer credits and out to 200 feet for nutrient offset credits. A
map detailing the credit generation is provided in Figure 3. Since approval of the BPDP, changes in as-
built credits versus proposed are the result of minor shifts in stream features as compared to design due
to differences in design projections (international feet) versus the construction model (US survey feet).
This shift resulted in an increase of 0.15 acres of buffer restoration area and a decrease of 0.11 acres of
nutrient mitigation area.
Perry Hill II Mitigation Bank Parcel Page 4
As-Built & Baseline Monitoring Report – May 2021
5.0 Monitoring Protocol & Success Criteria
Eleven 10-meter by 10-meter vegetation monitoring plots were installed within the buffer restoration
area to measure the survival of the planted trees (Figure 4). The number of plots required was
determined in accordance with the Carolina Vegetative Sampling Protocol (CVS) Level 2. Vegetation
assessments were completed in April 2021 following the CVS Level 2 Protocol for Recording Vegetation,
Version 4.2 (Lee et al. 2008). The as-built baseline data shows a planted tree density of 563 stems per
acre (Appendix B, Table 7). This is well above the 260 stems per acre required at the end of year five
monitoring. Each year a reference photo will be taken from the southwestern corner of each vegetation
plot, and all planted stems will be marked with flagging tape and recorded.
Annual monitoring activities will begin in the fall of 2021 and will commence annually in September or
October for the remainder of the monitoring period. Species composition, density, and survival rates will
be evaluated on an annual basis by plot for the entire site. Wildlands shall submit to DWR an annual
monitoring report, no later than December 31st of each year for five consecutive years and will follow
the terms and conditions of the BPDP signed in October 2020. Success criteria will be the survival of at
least four native hardwood tree species, where no one species is greater than 50% of the established
planted stems, and an established density of at least 260 planted trees and/or shrubs per acre at the
end of monitoring year five. Appropriate and desirable native volunteer species may be included in the
Parcel’s density to meet the performance standards with DWR approval.
6.0 Financial Assurance & Long Term Management
6.1 Financial Assurance
After completion of the planting, a separate Performance/Maintenance Bond will be secured for 100%
of the estimated cost to implement the monitoring and maintenance plan, but not less than
$100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring period
for a term of one year, to be extended annually for a minimum of five years. Upon NCDWR approval,
this may be lowered each year based on the adjusted cost to complete the monitoring.
6.2 Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions will be implemented in the event
that the Parcel or a specific component of the Parcel fails to achieve the success criteria. Site
maintenance will be performed to correct any identified problems that have a high likelihood of
affecting project success. Such items include but are not limited to excess tree mortality caused by fire,
flooding, drought, or insects. Any actions implemented will be designed to achieve the success criteria
and will include a work schedule and updated monitoring criteria.
7.0 References
Guidelines for Riparian Buffer Restoration. 2004. NC Department of Environment and Natural Resources,
Ecosystem Enhancement Program
Lee, M.T., Peet, R.K., Steven D., & Wentworth, T.R. 2008. CVS-EEP Protocol for Recording Vegetation
Version 4.2 [PDF file]. Retrieved from http://cvs.bio.unc.edu/protocol/cvs-eep-protocol-v4.2-lev1-
5.pdf
Schafale, M.P. and Weakley, A.S. 1990. A Classification of the Natural Communities of North Carolina,
Third Approximation.
Wildlands Holdings V, LLC 2020. Perry Hill II Nutrient Offset and Buffer Mitigation Banking Instrument.
NCDWR, Raleigh NC. http://portal.ncdenr.org/web/wq/nutrientbufferbanks
APPENDIX A. Figures and Tables
Figure 1. Vicinity Map
Perry Hill II Mitigation Bank Parcel
As-Built Report
Neuse River Basin (03020201)
^_
¹Orange County, NC
0 10.5 Miles
2017 Aerial Photography
Project Location
Bank Parcel Conservation Easement
DMS Conservation Easement
^_Perry Hill II Mitigation Bank Parcel
Directions:
Traveling West on I-40W/I-85S
from Raleigh/Durham, follow I-40W/I-85S
to exit 161 for US-70 Connector N. Take
a right at the bottom of the ramp and continue
onto US-70E (1.0 mile) via US-70 Connector N.
Continue on US-70E (1.9 miles) before taking
a left onto Faucette Mill Rd. Continue (1.9 miles)
and take a right onto Frank Perry Road.
Figure 2. Service Area Map
Perry Hill II Mitigation Bank Parcel
As-Built Report
Neuse River Basin (03020201)
^_
Upper
Falls Lake
Watershed
Lower
Falls Lake
Watershed
0 105 Miles
County Boundary
Service Area - Riparian Buffer Credits (HUC 03020201)
Service Area - Nutrient Offset Credits (Falls Lake Watershed)
^_Perry Hill II Mitigation Bank Parcel
Orange County, NC¹
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Figure 3. Credit Generation Map
Perry Hill II Mitigation Bank Parcel
As-Built Report
Neuse River Basin (03020201)
Orange County, NC
0 200 400 Feet ¹
Project Location
Bank Parcel Conservation Easement
DMS Conservation Easement
Project Features
Perennial Project Stream
Intermittent Project Stream
Ephemeral Project Channel
No Credit Project Channel
Mitigation Approach
Buffer Restoration (0'-100')
Buffer Restoration - Nutrient Offset (101'-200')
Enhancement via Cattle Exclusion (0'-100')
Enhancement via Cattle Exclusion (101'-200')
No Credit
Non-Project Stream
[[Fence
Existing Utility Easement
Existing Treeline2017 Aerial Photography
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Figure 4. Monitoring Components Map
Perry Hill II Mitigation Bank Parcel
As-Built Report
Neuse River Basin (03020201)
Orange County, NC
0 200 400 Feet ¹
Project Location
Bank Parcel Conservation Easement
DMS Conservation Easement
Project Features
Perennial Project Stream
Intermittent Project Stream
Ephemeral Project Channel
No Credit Project Channel
Mitigation Approach
Buffer Restoration (0'-100')
Buffer Restoration - Nutrient Offset (101'-200')
Enhancement via Cattle Exclusion (0'-100')
Enhancement via Cattle Exclusion (101'-200')
No Credit
Vegetation Plot
Non-Project Stream
[[Fence
Existing Utility Easement2017 Aerial Photography
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Table 1. Project Components and Riparian Buffer Mitigation Credits Perry Hill II Mitigation Bank Parcel Monitoring Year 0 ‐ 2021 Neuse 03020201 ‐ Upper Falls Lake Service Area 19.16394 N Credit Ratio (sf/credit) 297.54099 P Credit Ratio (sf/credit) Credit Type Location Subject? Feature Type Mitigation Activity Min‐Max Buffer Width (ft) Feature Name Total Area (sf) Total (Creditable) Area of Buffer Mitigation (sf) Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (lbs) Delivered Nutrient Offset: P (lbs) Buffer Rural Yes I / P Restoration 0‐100 Perry Branch 12,463 1 100% 1.00000 Yes 12,463.000 N/A 0.000 0.000 Nutrient Offset Rural Yes I / P Restoration 101‐200 Perry Branch 353,853 1 33% ‐ N/A — Yes 18,464.522 1,189.258 Buffer Rural Yes I / P Enhancement via Cattle Exclusion 0‐100 Perry Branch 11,504 2 100% 2.00000 Yes 5,752.000 No — — Buffer Rural Yes I / P Enhancement via Cattle Exclusion 101‐200 Perry Branch 26,498 2 33% 6.06061 Yes 4,372.167 No — — Buffer Rural Yes I / P Restoration 0‐100 UT1 1,522 1 100% 1.00000 Yes 1,522.000 N/A 0.000 0.000 Nutrient Offset Rural Yes I / P Restoration 101‐200 UT1 49,736 1 33% ‐ N/A — Yes 2,595.281 167.156 Buffer Rural No I / P Restoration 0‐100 UT2 9,901 1 100% 1.00000 Yes 9,901.000 N/A 0.000 0.000 Nutrient Offset Rural No I / P Restoration 101‐200 UT2 77,108 1 33% ‐ N/A — Yes 4,023.598 259.151 Buffer Rural No I / P Enhancement via Cattle Exclusion 0‐100 UT2 402 2 100% 2.00000 Yes 201.000 No — — Buffer Rural No I / P Enhancement via Cattle Exclusion 101‐200 UT2 7,838 2 33% 6.06061 Yes 1,293.269 No — — Buffer Rural No Ephemeral Restoration 0‐100 EC1 3,005 1 100% 1.00000 Yes 3,005.000 N/A 0.000 0.000 Nutrient Offset Rural No Ephemeral Restoration 101‐200 EC1 2,117 1 33% ‐ N/A — Yes 110.467 7.115 Buffer Rural No Ephemeral Restoration 0‐100 EC3 6,093 1 100% 1.00000 Yes 6,093.000 N/A 0.000 0.000 Nutrient Offset Rural No Ephemeral Restoration 101‐200 EC3 107,577 1 33% ‐ N/A — Yes 5,613.512 361.554 Totals: 590,391 79,226 Eligible for Preservation (sf): 26,409 Credit Type Location Subject? Feature Type Mitigation Activity Min‐Max Buffer Width (ft) Feature Name Total Area (sf) Total (Creditable) Area for Buffer Mitigation (sf) Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Riparian Buffer Credits Buffer r Preservation 0 0 — Preservation Area Subtotal (sf): 0 Preservation as % Total Area of Buffer Mitigation: 0% Ephemeral Reaches as % Total Area of Buffer Mitigation: 11.5% TOTAL AREA OF BUFFER MITIGATION Mitigation Totals Square Feet Credits Restoration: 32,984 32,984.000 Enhancement: 46,242 11,618.436 Preservation: 0 0.000 Total Riparian Buffer: 79,226 44,602.436 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset: Nitrogen: 590,391 30,807.380 Phosphorus: 1,984.233
Invasive Species and Fescue TreatmentSoils ripped to a depth of 15‐18 inchesN/AN/AApril 2021April 2021Bank SponsorBruton Natural Systems, IncP.O. Box 1197Fremont, NC 27830Planting ContractorNursery Stock SuppliersJason LorchDykes and Son Nursery825 Maude Etter RdMcMinnville, TN 37110As‐Built & Baseline Monitoring DocumentYear 1 MonitoringYear 2 MonitoringWildlands Engineering, Inc.N/AOctober 2020December 2025N/AOctober 2020BPDPConservation EasementFall 2021December 2021Fall 2022December 2022N/AMonitoring Year 0 ‐ 2021Perry Hill II Mitigation Bank ParcelPerry Hill II Mitigation Bank ParcelDate Collection Complete Completion or Scheduled DeliveryN/AOctober 2020Wildlands Holdings V, LLC Perry Hill II MBIActivity or ReportApril 2021April 2021May 2021Fall 2023Year 4 MonitoringYear 5 MonitoringTable 2. Project Activity and Reporting HistoryBare Root Planting919.851.9986, ext. 107Monitoring PerformersMonitoring, POCWildlands Holdings V, LLCMonitoring Year 0 ‐ 20211430 South Mint Street, Suite 104Charlotte, NC 28203704.332.7754Fall 2024December 2024Fall 2025December 2023Table 3. Project Contact TableYear 3 Monitoring
Table 4. Project Information and AttributesPerry Hill II Mitigation Bank ParcelMonitoring Year 0 ‐ 2021PROJECT INFORMATIONProject NamePerry Hill II Mitigation Bank ParcelUSGS Hydrologic Unit 8‐digit03020201CountyOrange CountyProject Area (acres)15.52 acresProject Coordinates (latitude and longitude)36.107144 N, ‐79.129580 WPROJECT WATERSHED SUMMARY INFORMATIONPhysiographic ProvincePiedmontRiver BasinNeuseProject Drainage Area Percentage of Impervious Area<1%CGIA Land Use Classification68% Managed Herbaceous Cover/Pasture, 22% Forested, 5% Shrub, 3% Grassland/Herbaceous, 2% Residential, <1% ImperviousUSGS Hydrologic Unit 14‐digit03020201030020DWR Sub‐basin03‐04‐01Project Drainiage Area (acres)174 acres
Common Name Scientific Name
Wetland Indicator
Status
Red Maple Acer rubrum FAC
Sweetgum Liquidambar styraciflua FAC
Green ash Fraxinus pennsylvanica FACW
Sugarberry Celtis laevigata FACW
American elm Ulmus americana FACW
Shagbark Hickory Carya ovata FACU
Eastern Red Cedar Juniperus virginiana FACU
Common Name Scientific Name Number Planted % of Total
River Birch Betula nigra 1,745 20%
Sycamore Plantus occidentalis 1,349 15%
Persimmon Diospyros virginiana 1,048 12%
Black Gum Nyssa sylvatica 837 10%
White Oak Quercus alba 837 10%
Winged Elm Ulmus alata 837 10%
Eastern Cottonwood Populus deltoides 713 8%
Northern Red Oak Quercus rubra 441 5%
Southern Red Oak Quercus falcata 419 4%
Sourwood Oxydendrum arboreum 419 4%
Swamp Chestnut Oak Quercus michauxii 48
Boxelder Acer negundo 46
American Elm Ulmus americana 26
Willow Oak Quercus phellos 22
Pawpaw Asimina triloba 22
Southern Sugar Maple Acer floridanum 13
Blackhaw Viburnum Viburnum prunifolium 9
Overcup Oak Quercus lyrata 4
Silky Dogwood Conus amomum 3
Total 8,838 100%
2%
Table 6. Planted Tree Species (Riparian Buffer Planting Zone)
Perry Hill II Mitigation Bank Parcel
Monitoring Year 0 ‐ 2021
Table 5. Adjacent Forested Areas Existing Tree and Shrub Species
Perry Hill II Mitigation Bank Parcel
Monitoring Year 0 ‐ 2021
APPENDIX B. Vegetation Plot Data
Table 7. Stem Count Total and Planted Species by Vegetation Plot
Perry Hill II Mitigation Bank Parcel
Monitoring Year 0 - 2021
PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T
Betula nigra River Birch Tree 4 4 4 3 3 3 2 2 2 2 2 2 3 3 3
Diospyros virginiana American Persimmon Tree 1 1 1 2 2 2 1 1 1
Nyssa sylvatica Black Gum Tree 3 3 3 1 1 1 1 1 1 1 1 1 1 1 1
Oxydendrum arboreum Sourwood Shrub Tree 1 1 1 1 1 1
Platanus occidentalis Sycamore Tree 3 3 3 3 3 3 3 3 3 1 1 1 3 3 3
Populus deltoides Eastern Cottonwood Tree 2 2 2 2 2 2 1 1 1 1 1 1
Quercus alba White Oak Tree 1 1 1 2 2 2 1 1 1 3 3 3 1 1 1
Quercus falcata Southern Red Oak Tree 1 1 1 1 1 1 1 1 1
Quercus rubra Northern Red Oak Tree 1 1 1 1 1 1 1 1 1
Ulmus alata Winged Elm Tree 2 2 2 2 2 2 1 1 1 3 3 3 2 2 2
16 16 16 14 14 14 13 13 13 13 13 13 14 14 14
7 7 7 7 7 7 9 9 9 8 8 8 9 9 9
647 647 647 567 567 567 526 526 526 526 526 526 567 567 567
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
Volunteer species included in total
PnoLS - Planted Stems Excluding Live Stakes
P-all - All Planted Stems
T - All Woody Stems
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
1
0.02
1
0.02
1
0.02
1
0.02
1
0.02
VP 3 VP 4 VP 5
Current Plot Data (MY0 2021)
Scientific Name Common Name Species Type
VP 1 VP 2
Table 7. Stem Count Total and Planted Species by Vegetation Plot
Perry Hill II Mitigation Bank Parcel
Monitoring Year 0 - 2021
Betula nigra River Birch Tree
Diospyros virginiana American Persimmon Tree
Nyssa sylvatica Black Gum Tree
Oxydendrum arboreum Sourwood Shrub Tree
Platanus occidentalis Sycamore Tree
Populus deltoides Eastern Cottonwood Tree
Quercus alba White Oak Tree
Quercus falcata Southern Red Oak Tree
Quercus rubra Northern Red Oak Tree
Ulmus alata Winged Elm Tree
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
Volunteer species included in total
PnoLS - Planted Stems Excluding Live Stakes
P-all - All Planted Stems
T - All Woody Stems
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
Scientific Name Common Name Species Type PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T
3 3 3 3 3 3 4 4 4 2 2 2 2 2 2
2 2 2 2 2 2 3 3 3 1 1 1
2 2 2 2 2 2 2 2 2
2 2 2 2 2 2 2 2 2
1 1 1 1 1 1 4 4 4 2 2 2
3 3 3 1 1 1 1 1 1 2 2 2 2 2 2
1 1 1 1 1 1 3 3 3 2 2 2
2 2 2 1 1 1 2 2 2
2 2 2 1 1 1
1 1 1 1 1 1 2 2 2 1 1 1
16 16 16 13 13 13 15 15 15 15 15 15 12 12 12
8 8 8 8 8 8 6 6 6 8 8 8 7 7 7
647 647 647 526 526 526 607 607 607 607 607 607 486 486 486
0.02
1
0.02
1
0.02
1
0.02
VP 7 VP 8 VP 9
1
0.02
1
VP 10VP 6
Current Plot Data (MY0 2021)
Table 7. Stem Count Total and Planted Species by Vegetation Plot
Perry Hill II Mitigation Bank Parcel
Monitoring Year 0 - 2021
Betula nigra River Birch Tree
Diospyros virginiana American Persimmon Tree
Nyssa sylvatica Black Gum Tree
Oxydendrum arboreum Sourwood Shrub Tree
Platanus occidentalis Sycamore Tree
Populus deltoides Eastern Cottonwood Tree
Quercus alba White Oak Tree
Quercus falcata Southern Red Oak Tree
Quercus rubra Northern Red Oak Tree
Ulmus alata Winged Elm Tree
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
Volunteer species included in total
PnoLS - Planted Stems Excluding Live Stakes
P-all - All Planted Stems
T - All Woody Stems
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
Scientific Name Common Name Species Type PnoLS P-all T PnoLS P-all T
1 1 1 29 29 29
1 1 1 13 13 13
1 1 1 14 14 14
1 1 1 9 9 9
1 1 1 22 22 22
1 1 1 16 16 16
2 2 2 17 17 17
8 8 8
2 2 2 8 8 8
2 2 2 17 17 17
12 12 12 153 153 153
9 9 9 10 10 10
486 486 486 563 563 563
1
0.02
11
0.27
VP 11
Annual Means
MY0 (2021)
Current Plot Data (MY0 2021)
VEGETATION PLOT PHOTOGRAPHS
Perry Hill II Mitigation Bank Parcel
Appendix B: Vegetation Plot Data - Vegetation Plot Photographs
VEG PLOT 1 (04/06/2021) VEG PLOT 2 (04/06/2021)
VEG PLOT 3 (04/08/2021) VEG PLOT 4 (04/06/2021)
VEG PLOT 5 (04/06/2021) VEG PLOT 6 (04/06/2021)
Perry Hill II Mitigation Bank Parcel
Appendix B: Vegetation Plot Data - Vegetation Plot Photographs
VEG PLOT 7 (04/06/2021) VEG PLOT 8 (04/06/2021)
VEG PLOT 9 (04/06/2021) VEG PLOT 10 (04/06/2021)
VEG PLOT 11 (04/06/2021)
APPENDIX C. NCDWR Surface Water Determination
ROY COOPER
Ga1, ern or
MICHAEL 5. REGAN
Secretory
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
April 16, 2019
John Hutton
Wildlands Engineering, Inc
I430 S. Mint St., Suite 104
Charlotte, NC 28203
(via electronic mail: jhulton a•wildlandsentr-.com)
DWR# 2019-0157
Orange County
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Perry Hill Site
Located near 2623 Frank Perry Rd, Hillsborough
Neuse 03020201
Dear Mr. Hutton,
On February 25, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a
request from Wildlands Engineering, Inc. (Wildlands) for an onsite mitigation determination
near the above -referenced site (Site). The Site is located within the Upper Falls Lake
Watershed of the Neuse River Basin in the 8-digit Hydrologic Unit Code. The Site is being
proposed as part of a full -delivery nutrient offset, stream and riparian buffer mitigation
project for the Division of Mitigation Services (RFP #16-007576). Members of the
Interagency Review Team (IRT) and Division of Mitigation Services were also present
onsite. At your request, on February 26, 2019, Ms. Merritt performed an onsite assessment of
riparian land uses adjacent to streams onsite, which are shown on the attached map labeled
"Concept Map".
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and. landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
onsite
$ubj t
DI
Buffer
Rule
Riparian Land use
Buffer
2Nutrient
Mitigation Type Determination
adjacent to Feature
Credit
Offset
w/in riparian areas
(0-20a')
Via Ie
Viable at
2,2 73.02
Ibs-N per
acre
ECI
Ephemera!
(see map)
No
Non -forested pasture grazed
by cattle
Yes
Yes
Restoration Site per 15A NCAC 02B
,0295 (o)(7)
Must submit supporting
documentation of additional
requirements under .0295 (o)(7) to be
viable for buffer mitigation.
DEC)e.?
North Carolina Department of Environmental Quality I thvis)on of Water Resources
51 t Nwtii Salisbury Street 11bi? Mall Service Crsnet 1 Raleigh. North Carnllrva 27b44-lhl7
919.707.9000
Perry Hill Site
Wildlands Engineering, inc.
April 16, 2019
Feature
Classification
'Subject
Biparian Land uses
Buffer
2Nutrient
Mitigation Type Determination
onsite
LQ
duffer
adjacent to Feature
Credit
Offset
wlin riparian areas
(0-Z001
Viable
Viable at
auk
2.273.02
Ibs-N per
acre
UT1
Stream
Yes
Non -forested pasture grazed
by cattle
Yes
Yes
Restoration Site per 15A NCAC 02B
.0295 in)
Perry
Branch
Stream
Yes
Combination of forested &
non -forested pasture grazed
by cattle
3•4Yes
Yes {non-
forested
areas only)
Non -forested areas - Restoration
Site per 15A NCAC 02B .0295 (n]
Forested areas - Enhancement Site
per 15A NCAC OZB .0295 (o)(6) if
fence is installed Qrf reservation
Site per 15A NCAC OZB .0295 (0(5) if
fence isn't installed.
t1T2
Intermittent
as DWR flag
No
Combination of forested &
non -forested pasture grazed
by cattle
3•4Yes
Yes (non-
forested
areas only)
Non -forested areas - Restoration
Site per 15A NCAC 02B .0295 (o)(3)
Forested areas - Enhancement Site
per 15A NCAC 02B .0295 (o)(6) if
fence is installed off reservation
Site per 15A NCAC 02B .0295 (o)(4) if
fence isn't installed.
EC3
Ephemeral
(see map)
No
Non -forested pasture grazed
by cattle
'Yes
Yes
Restoration Site per 15A NCAC 02B
.0295 (o)(7)
Must submit supporting
documentation of additional
requirements under .0295(o](7) to be
viable for buffer mitigation,
UT3
intermittent
Co crossing &
woodline
No
forested pasture grazed by
cattle
'.'Yes
No
Forested areas - Enhancement Site
per 15A NCAC 02B .0295 (o)(6) if
fence is installed QLPreservatioa
Site per 15A NCAC 02B .0295 (o)(4) if
fence isn't installed.
A
Off-line pond
No
Non -forested pasture
No
No
N/A
Page 2 of 4
Perry Hill Site
Wildlands Engineering, Inc.
April 16, 2019
Fe ture
Classification
'Subject
Riparian Land uses
Buffer
2Nutrient
Mitigation Type Determination
onsitc
LA
1Bufey
$ale
adjacent to Feature
Credit
Viable
Offset
wJin riparian areas
10-200')
Viable at
2.273.02
lbs-N per
acre
B
Drainage
conveyance
Nn
Non -forested pasture
No
Yes
Restoration Site per 15A NCAC 02B
.0295 (n)
Subjectivity calls for the features were determined by DWR in correspondence dated April 15. 2019 using the 1:24.000 scale
quadrangle topographic map prepared by LJSGS and the most recent printed version of the soil survey map prepared by the NRCS
2 NC Division of Water Resources - Methadolow and Calcularians_for determining !Nutrient Reductions associated with Riparian Buffer
Establishment
3'Fhe area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
'The area described as an Enhancement Site was assessed and determined to comply with all 15A NCAC 02B .0295(o)(5). Cattle
exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule.
Me area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
The maps attached to this letter were prepared by Wildlands and were initialed by Ms. Merritt on
April 15, 2019 and April 16, 2019. This letter should be provided in all stream and wetland,
buffer and/or nutrient offset mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
Page 3 of 4
Perry Hill Site
Wildlands Engineering, Inc.
April 16, 2019
This viability assessment will expire on April 16, 2021 or upon the submittal of an As -Built Report
to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer
mitigation plans for this Site.
Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this
correspondence.
KAH/krn
Attachments: Concept Map, Site map
cc: File Copy (Katie Merritt)
Sincerely,
4WV.
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
Page 4 of 4
011111111p\VILDLANDS
ENGINEERING
Branch
1 t, 9 fCC
', 0 I
*,
t 2 0 0 ' 1:41k4
` - •1 • ■ .
{ ■ •.
-Jr_ ■
ts
tt
' '
•
200' + ■
• t
r� '
■ r ■
• ♦■ '
♦
Perry
Branch
Project Location
Branch
■ Proposed Conservation Easement
Proposed Internal Crossing
Proposed Buffer Restoration
Proposed Buffer Enhancement (via Cattle Exclusion)
0 Utility Pole
0 250 500 Feet
4%1It0:66
dio oa
Riparian Buffer Concept Map
Perry Hill Mitigation Site
Neuse River Basin (03020201)
Orange County, NC
Project Location
Proposed Conservation Easement
WILI)LANDS
ENGINEERING'
y�y{ t •••� .JM1M1 •\\ . •
I
f3 j 7 �r[
•
'. /� d a"0 Ar\
s } rr �f•
0 ♦ 4', a r
s ' ram +�' a
VT2 Reach
Branch
•
••
Reach Name
Stream Restoration
Perry Branch Reach 2
UT1
Subtotal
Stream Enhancement 1
Perry Branch Reach 1
UT2 Reach 2
Subtotal
dream Enhancement 11
Perry Branch Reach 3
UT2 Reach 1
UT3
Subtotal
Site Total
0 250 500 Feet
1
'.4
f
•
i96Incision
or'
% Erosion
67%1 81%,
68%
67%,
21%
54%
3896
45%
76%
63%
55%
5
89%
83%
67%
75%
7296
58%
76%
100%
70%
596 76%
Site Map
Perry Hill Mitigation Site
Neuse River Basin (03020201)
Orange County, NC
APPENDIX D. Conservation Easement
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildfands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
1111111111 IIIIIIIIIIN
Doc No: 30031899
Recorded: 1011512020 03;36:55 PM
Fee Amt: $38.00 Page 1 of 18
Excise Tax: $0oo
Orange County North Carolina
Mark Chilton, Register of Deeds
BK 6684 PG 955 - 972 (18)
c•\cticrg65 oisiftl3co ri)c-
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this I
r
day of
Ort sat elow
, 2020 by and between Evelyn Jeanne Perry unmarried), Mary Carolyn Bishop
(widow), Judith Gail Perry Kadlac and spouse Gene E. kadlac, ("Grantor") and Wildlands Holdings VI LLC,
a North Carolina Limited Liability Company. (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 Orange County,
North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein
("Property') and being a portion of the properties conveyed to the grantor by deed as recorded in Deed
Book 4476 at Page 495 of the Orange County Registry, North Carolina (PIN 986508-1397);
WHEREAS, Grantee is a 5O1(c){3) North Carolina nonprofit corporation whose purpose is the conservation
of the property and which is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen.
Stat.§ 12135;
BK 6684 PG 956 DOC# 30031899
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the
Property in its natural state, which includes the following natural communities: unnamed tributaries and
open field ditches to the Neuse River. The purpose of this Conservation Easement is to maintain
riparian resources and other natural values of approximately 15.519 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 for
any purpose or in any manner that would conflict with the maintenance in its natural condition.
WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings V,
LLC Per Hill II Mitigation Banking Instrument (DWR #2O19157v3). The Conservation Easement Area
will be restored to a natural vegetated condition as provided in and specified in Perry Hill II Bank Parcel
Development Package ("RPD'). The Perry Hill II Mitigation Bank is intended to be used to compensate
for unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water
Resources (NCDWR) and to provide mitigation for nutrient offsets due to development (both existing and
proposed) within restricted areas of the Neuse River Basin. Grantor and Grantee agree that third party
rights of enforcement shall be held by the NCDWR and that these rights are in addition to, and do not
limit the rights of the parties to the Mitigation Banking Instrument.
NOW, THEREFORE, for and inconsideration 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 A, together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross,
runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives,
heirs, successors and assigns, lessees, agents and licensees.
ARTICLE 11.
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.
BK 6684 PG 957 DOC# 30031899
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. Industr[aLCommerciaiand Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited in the Conservation Easement
Area.
D. Agricultural. Grazingand Horticultural Use. Agricultural, grating, animal husbandry, and
horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shalt be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Conservation Easement Area.
F. Roads andJr.aits.There shall be no construction of roads, trails or walkways on the
Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways.
G. Signge. 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 orStorag. 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 Dred: in: or Mineral Use. There shall be no grading, filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no
change in the topography of the land in any manner on the Conservation Easement Area.
J. Water • ualit and Draina:e Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water
control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage
patterns. In addition, diverting or causing or permitting the diversion of surface or underground water
into, within or out of the Conservation Easement Area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Deve1opent13gflts. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme
or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access for purposes
of maintaining the Conservation Easement Area during the five-year monitoring period as described in
the BPDP.
BK 6684 PG 958 DOC# 30031899
M. Other Prohibitions_ Any other use of, or activity on, the Conservation Easement Area which
is or may become inconsistent with the purposes of this grant, the preservation of the Conservation
Easement Area substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE III
GRANTOR'S RESERVED 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, successors and assigns, and the
Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the
Conservation Easement Area, in accordance with the Perry Hill II Bank Parcel Development Package
approved in accordance with the Wildlands Holdings V Perry Hill II Mitigation Banking Instrument.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and NCDWR, shall have the right
to enter the Property and Conservation Easement Area at all reasonable times for the purpose of
inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or
assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement.
The Grantee shall also have the right to enter and go upon the Property and the Conservation Easement
Area for purposes of making scientific or educational observations and studies and taking samples. The
easement rights granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity
on or use of the Conservation Easement Area that is inconsistent with the purposes of this Conservation
Easement and to require the restoration of such areas or features of the Conservation Easement Area that
may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement
by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of
such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions
constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this
Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a
temporary restraining order, injunctive or other appropriate relief if the breach of the term 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
BK 6684 PG 959 DOC# 30031899
rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a
breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall
be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have
the same right to enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or
invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to
Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring
any action against Grantor for any injury or change in the Conservation Easement Area resulting from
causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or
third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to
Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. 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 to the Grantee of such transfer at least
thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this
Conservation Easement shall survive any merger of the fee and easement interests in the Conservation
Easement Area or any portion thereof and shall not be amended, modified or terminated without the
prior written consent and approval of NCDWR.
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 § 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, 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.
BK 6684 PG 960 DOC# 30031899
E. Obligationsof Ownershjp. Grantor is responsible for any real estate taxes, assessments, fees, or
charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances
for obligations incurred by Grantor. Grantee shall net 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. 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.
G. 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.
H. Proceeds. This Conservation Easement constitutes a read property interest immediately vested in
Grantee. In the event that all or a portion of this Conservation Easement Area is sold, exchanged, or
involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be
entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market
value of this Conservation Easement shall be determined by multiplying the fair market value of the
Conservation Easement Area unencumbered by this Conservation Easement (minus any increase in value
after the date of this grant attributable to improvements) by the ratio of the value of this easement at the
time of this grant to the value of the Conservation Easement Area (without deduction for the value of this
Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant
to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction).
Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation
Easement.
I. 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 foliowing
addresses (or such address as may be hereafter specified by notice pursuant to this paragraph):
To Grantor:
Evelyn Perry, Judy Kadlac, Mary Bishop
2623 Frank Perry Road
Hillsborough, NC 27278
To Grantee:
Wildlands Holdings V, LLC
1430 S. Mint Street Suite 104
Charlotte, NC 28203
Attn: Shawn Wilkerson
Email: swi 1 kersori @jwildla ndsencorn
BK 6684 PG 961 DOC# 30031899
To NCDWR:
NCDENR — Division of Water Resources
401 & Buffer Permitting Unit
Attn: Nutrient Offset Banking Coordinator
1650 Mali Service Center
Raleigh, NC 276994650
J. 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 upon approval by
the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in writing signed by all
parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
L. Present Condition of the Conservation Easement Area.
a. Bank Parcel Development Plan. The wetlands, scenic, resource, environmental, and other
natural characteristics of the Conservation Easement Area, and its current use and state of improvement,
are described in Section 2 of the Bank Parcel Development Package, dated August 2019, prepared by
Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof.
Both Grantor and Grantee have copies of the Bank Parcel Development Package. It will be used by the
parties to assure that any future changes in the use of the Conservation Easement Area will be consistent
with the terms of this Conservation Easement. However, this report is not intended to preclude the use
of other evidence to establish the present condition of the Conservation Easement Area if there is a
controversy over its use.
b. Baseline Documentation Report. The characteristics of the Conservation Easement Area and
the status of improvements and development shall be described in a Baseline Documentation Report
(the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be
acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the
mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation
project). Both the Grantee and the Grantor will have copies of this report, and a copy will be retained
in the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in
the use of the Conservation Easement Area will be consistent with the terms of this Conservation
Easement.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
BK 6684 PG 962 DOC# 30031899
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
GRANTOR:
By:
Evelyn Jean :Per
Date:Jl/5'-9j') _
SEAL)
By: 641_ _ &t/14: 1, _7•• PI:14)__,____11 6201-U1?
Mary Carolyn Bishop
Date:
1/4)itaft'ilielt
By: jzt_i :10 f'
y /sox
AefG (SEAL)
Judith Gail Perry Kadlac b»tuart Horne, Power of Attorney
Date:
BY: _____6-4orm-�% /11/06/AZ _ (SEAL)
a * atria:pr—"N
Z;TkiptiX
Gene E. Kadlac by Stuart Horne, Power of Attorney
Date: /6 � �— 2 odzo
BK 6684 PG 963 DOC# 30031899
NORTH CAROLINA COUNTY OF
t, /A151//fi , a Notary Public in and for the County and State aforesaid, do
hereby certify that Evelyn Jeanne Perry, Grantor, personally appeared before me this day and
acknowledged the execution of the foregoing instrument.
IN WITISIES5 WHEREOF, I have hereunto set my hand and Notary Seal this the _
, 2020.
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Notary Public
My commission expires:
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,f) 7/17") • 'SDI, a Notary Public in and for the County and State aforesaid, do
hereby certify that Mary Carolyn Bishop, Grantor, personally appeared before me this day and
acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the � � day of
—QG -- , 2020.
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My commission expires:
BK 6684 PG 964 DOC# 30031899
NORTH CAROLINA COUNTY OF
e 6(r) a Notary Public in and for the County and State aforesaid, do
hereby certify that Stuart Horne personally appeared before me this day acknowledging that he, as Power
of Attorney, being authorized to do so, executed of the foregoing on behalf of Judith Gail Perry Kadlac
and Gene E. Kadlac.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the lJ \ day of
2020.
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My commission expires:
BK 6684 PG 965 DOC# 30031899
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above
written.
GRANTEE:
Wildlands Holdings V, LLC, a North Carolina limited liability company
By: � r
4
-- - - -. _\_ • r.
(SEAL)
Sha ' D. Wilkerson, President, Wildlands Engineering, Inc., Managing Member of Wildlands Holdings
V, LLC
Date: 11)Ji3_E'2!_______
NORTH CAROLINA COUNTYOF
I, ...................., a Notary Public in and for the County and State aforesaid, do
:1
hereby certify that Shawn D. kerson personally appeared before me this day and acknowledged that
he is President of Wildlands Engineering Inc, a North Carolina limited liability corporation, and that
Wildlands Engineering Inc. is the managing member of Wildlands Holdings V, LLC. He, as President of
Wildlands Engineering, Inc. managing member of Wildlands Holdings V, LLC being authorized to do so,
executed the foregoing on behalf of Wildlands Holdings VI, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the _ i.3 , � day of
_ sOLARDber , 20 20.
ROBERT W. BUGG
NOTARY PUBLIC
Mecklenburg County
North Carolina
Notary Public
My commission expires:
BK 6684 PG 966 DOC# 30031899
EXHIBIT A
Pam' ON
This map k not a certified survey
and has not been reviewed
by a IocaI overnment agency
for compliance with any applicable
land dev&opm.nt regulation
and has not been rariawad
for compliance wtlh recording
requirements for pats.
0 450 9o0Feet
kil;WILDLANDS
ENGINEERING L.ftLwmwL..L.1
Parcels
Project Parcels
i
Exhibit A
Perry Hill II
Riparian Buffer and Nutrient Offset Bank Parcel
Neuse River Basin 03020201 (Fafls Lake)
Orange County, NC
BK 6684 PG 967 DOC# 30031899
EXHIBIT B
A Conservation Easement
for Wildlands
Engineering, Inc., "Perry
Hill II Mitigation Site"
Property of Evelyn J Perry ETAL, Mary C. P. Bishop, and Judith G. P. Kodlac.
DWR #2019-0157v3
The following conservation easement area is located off of Frank Perry Road, SR#1379, within the
Hillsborough Township, Orange County, North Carolina and being on a portion of property conveyed
to Evelyn Jeanne Perry, Mary Carolyn Perry Bishop and Judith Gail Perry Kadlac through Deed Book
4476 Page 495 of the Orange County Register of Deeds, and being more particularly described as
follows (all bearings are grid bearings and all distances are grid distances (SF:O.9998347):
Conservation Easement Area 1:
Beginning at a 5/8" rebar with a CE CAP (CORNER 35), said rebar located at a bearing of N77°05'04"W
at a distance of 557.52 feet from existing 1" open top pipe on a common line of Deed Book 4476 Page
495 and Deed Book 5242 page 402 of the Orange County Register of Deeds, said 1" open top pipe
bears the North Carolina State Plane Coordinates (2011) of Northing: 857,209.63 feet and Easting:
1,960,863.63 feet (SF: 0.9998347);
Thence turning and running along the line and with the conservation easement area the following
courses and distances:
(CE53) N 77° 40' 46" W a distance of 94.21 feet to a 5/8" rebar set with a CE CAP (CORNER 50);
(CE54) N 26° 22' 31" E a distance of 158.37 feet to a 5/8" rebar set with a CE CAP (CORNER 51);
(CE55) N 13° 35' 58" W a distance of 263.29 feet to a 5/8" rebar set with a CE CAP (CORNER 52);
(CE56) N 25° 42' OS" E a distance of 51.17 feet to an existing 5/8" rebar with a CE CAP (CORNER 38);
(L4) 5 31° 43' 22" E a distance of 175.76 feet to an existing 5/8" rebar with a CE CAP (CORNER 37);
(L3) 5 13° 51' 46" E a distance of 169.29 feet to an existing 5/8" rebar with a CE CAP (CORNER 36);
(L2) 5 25° 29' 16" W a distance of 166.32 feet to a 5/8"rebar with a CE CAP (CORNER 35);
said corner being the point of beginning of Conservation Easement Area 1, containing 37,337.92 square
feet (0.857 acres) more or less.
Conservation Easement Area 2:
Beginning at a 5/8" rebar set with a CE CAP (CORNER 39), said rebar located at a bearing of
N25°42'03"E at a distance of 218.75 feet (L5) from an existing 5/8"rebar with a CE CAP (CORNER 38),
said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 857,870.73 feet and
Easting: 1,960,89709 feet (SF: 0.9998347);
Thence turning and running along the line and with the conservation easement area the following
courses and distances:
(CE57) N 25° 42' 01" E a distance of 31.76 feet to a 5/8" rebar set with a CE CAP (CORNER 53);
(CE58) 5 47° 461 S6" E a distance of 358.12 feet to a 5/8" rebar set with a CE CAP (CORNER 54);
(CE59) N 32° 21' 47" E a distance of 325.36 feet to a 5/8" rebar set with a CE CAP (CORNER 55);
(CE60) N 54° 52'29" E a distance of 131.72 feet to a 5/8" rebar set with a CE CAP (CORNER 56);
BK 6684 PG 968 DOC# 30031899
(CE61) 5 86° 38' 30" E a distance of 73.78 feet to a 5/8" rebar set with a CE CAP (CORNER 57);
(CE62) N 60° 27' 45" E a distance of 105.84 feet to a 5/8" rebar set with a CE CAP (CORNER 58);
(CE63) N 25° 34' 24" E a distance of 114.88 feet to a 5/8" rebar set with a CE CAP (CORNER 59);
(CE64) N 54° 52' 27" E a distance of 31.69 feet to a 5/8" rebar set with a CE CAP (CORNER 60);
(CE65) 5 31° 51' 31" E a distance of 101.02 feet to an existing 5/8" rebar with a CE CAP (CORNER 44);
(L10) 5 57" 44' 42" W a distance of 366.35 feet to an existing 5/8" rebar with a CE CAP (CORNER 43);
(L9) 5 33° 09' 52" W a distance of 537.98 feet to an existing 5/8" rebar with a CE CAP (CORNER 42);
(L8) N 20° 33' 28" W a distance of 190.42 feet to an existing 5/8" rebar with a CE CAP (CORNER 41);
(L7) N 30° 35' 5311 W a distance of 184.08 feet to an existing 5/8" rebar with a CE CAP (CORNER 40);
(L6) N 46° 20' 45" W a distance of 125.47 feet to an existing 5/8" rebar set with a CE CAP (CORNER 39);
said corner being the point of beginning Conservation Easement Area 2, containing 93,763.76 square
feet (2.153 acres) more or less.
Conservation Easement Area 3:
Beginning at an existing 5/8" rebar with a CE CAP (CORNER 45), said rebar located at a bearing of
N57°44'42"E at a distance of 60.00 feet (Lil) from an existing 5/8"rebar with a CE CAP (CORNER 44),
said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 858,125.26 feet and
Easting: 1,961,803.29 feet (SF:0.9998347);
Thence turning and running along the line and with the conservation easement area the following
courses and distances:
(CE66) N 31° 511 31" W a distance of 104.03 feet to a 5/8" rebar set with a CE CAP (CORNER 61);
(CE67) N 54° 52' 28" E a distance of 30.42 feet to a 5/8" rebar set with a CE CAP (CORNER 62);
(CE68) N 29° 59' 55" E a distance of 263.30 feet to a 5/8" rebar set with a CE CAP (CORNER 63);
(CE69) N 21° 48' 03" W a distance of 279.32 feet to a 5/8" rebar set with a CE CAP (CORNER 64);
(CE70) N 31° 23' S7" W a distance of 292.21 feet to a 5/8" rebar set with a CE CAP (CORNER 65);
(CE71) N 39° 36' 22" W a distance of 255.21 feet to a 5/8" rebar set with a CE CAP (CORNER 66);
(CE72) N 11° 42' 00" E a distance of 234.95 feet to a 5/8" rebar set with a CE CAP (CORNER 67);
(L16) 5 08° 50' 22" E a distance of 150.76 feet to an existing 5/8" rebar with a CE CAP (CORNER 49);
(L15) S 35° 39' 53,'
E a distance of 554.34 feet to an existing 5/8" rebar with a CE CAP (CORNER 48);
(L14) S24° 58' 13E a distance of 367.49 feet to an existing 5/8" rebar with a CE CAP (CORNER 47);
(L13) 5 32° 28' 41" W a distance of 377.23 feet to an existing 5/8" rebar with a CE CAP (CORNER 46);
(1.12) 5 57° 44'42" W a distance of 34.92 feet to an existing 5/8" rebar with a CE CAP (CORNER45);
said corner being the point of beginning Conservation Easement Area 3, containing 132,281.28
square feet (3.037 acres) more or less.
Conservation Easement Area 4:
Beginning at a 5/8" rebar set with a CE CAP (CORNER 68), said rebar located at a bearing of
N01°57'25"W at a distance of 117.96 feet (L28) from an existing 5/8"rebar with a CE CAP (CORNER
11), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 859,034.54 feet
and Easting: 1,962,305.05 feet (SF:0.9998347);
Thence turning and running along the line and with the conservation easement area the following
courses and distances:
(CE73) N 85° 11' 43" W a distance of 94.79 feet to a 5/8" rebar set with a CE CAP (CORNER 69);
(CE74) N 11° 36' 48" W a distance of 154.66 feet to a 5/8" rebar set with a CE CAP SCORNER 70);
BK 6684 PG 969 DOC# 30031899
(CE75) N 35° 52' 08" W a distance of 281.25 feet to a 5/8" rebar set with a CE CAP (CORNER 71);
(CE76) N 35° 52' 08" W a distance of 101.78 feet to a 5/8" rebar set with a CE CAP (CORNER 72);
(CE77) N 56° 45' 59. E a distance of 113.11 feet to an existing 5/8" rebar with a CE CAP (CORNER 14);
(L31) 5 340 14' 16" E a distance of 391.20 feet to an existing 5/8" rebar with a CE CAP (CORNER 13);
(L30) 12° 21' 05" E a distance of 156.11 feet to an existing 5/8" rebar with a CE CAP (CORNER 12);
(L29) S 01° 57' 23" E a distance of 55.95 feet to an existing 5/8" rebar with a CE CAP (CORNER 68);
said corner being the point of beginning Conservation Easement Area 4, containing 59,721.48 square
feet (1.371 acres) more or less.
BK 6684 PG 970 DOC# 30031899
Conservation Easement Area 5:
Beginning at an existing 5/8" rebar with a CE CAP (CORNER 15), said rebar located at a bearing of
N56°45'58"E at a distance of 176.06 feet (L32) from an existing 5/8"rebar with a CE CAP (CORNER 14),
said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 859,662.85 feet and
Fasting: 1,962,196.91 feet (SF:0.9998347);
Thence turning and running along the line and with the conservation easement area the following
courses and distances:
(CE78) N 56° 45' S8"W a distance of 104.46 feet to a 5/8" rebar set with a CE CAP (CORNER 73);
(CE79) 5 37° 16' 12"W a distance of 452.39 feet to a 5/8" rebar set with a CE CAP (CORNER 74);
(CE80) 5 08° 02' S0"W a distance of 276.39 feet to an existing 5/8" rebar with a CE CAP (CORNER 17);
(L34) N 10° 43' 03"E a distance of 225.21 feet to an existing 5/8" rebar with a CE CAP (CORNER 16);
(L33) N 38° 19' 41"W a distance of 452.72 feet to an existing 5/8" rebar with a CE CAP (CORNER 15);
said corner being the point of beginning of Conservation Easement Area 5, containing 55,243.09
square feet (1.268 acres) more or less.
Conservation Easement Area 6:
Beginning at a 5/8" rebar set with a CE CAP (CORNER 75), said rebar located at a bearing of
N33°22'14"E at a distance of 121.54 feet (L38) from an existing 5/8"rebar with a CE CAP (CORNER 20),
said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 859,132.19 feet and
Fasting: 1,962,625.50 feet (SF:0.9998347);
Thence turning and running along the line and with the conservation easement area the following
courses and distances:
(CE81) N 16° 07' 05" E a distance of 423.81 feet to a 5/8" rebar set with a CE CAP (CORNER 76);
(CE82) 5 75° 13' 22" E a distance of 123.16 feet to an existing 5/8" rebar with a CE CAP (CORNER 23);
(L41) 5 32° 04' 31" W a distance of 380.41 feet to an existing 5/8" rebar with a CE CAP (CORNER 22);
(L40) 5 32° 46' 02" W a distance of 35.02 feet to an existing 5/8" rebar with a CE CAP (CORNER21);
(L39) 5 33° 22' 20" W a distance of 28.68 feet to a 5/8" rebar set with a CE CAP (CORNER 75); said
corner being the point of beginning of Conservation Easement Area 6, containing 26,29917 square
feet 0.604 acres) more or less.
Conservation Easement Area 7:
Beginning at an existing 5/8" rebar set with a CE CAP (CORNER 24), said rebar located at a bearing of
575°27'33"E at a distance of 145.01 feet (L42) from an existing 5/8"rebar with a CE CAP (CORNER 23),
said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 859,471.52 feet and
Fasting: 1,963,002.60 feet (SF:0.9998347);
Thence turning and running along the line and with the conservation easement area the following
courses and distances:
(CE83) 5 75° 27' 33" E a distance of 125.71 feet to a 5/8" rebar set with a CE CAP (CORNER 77);
(CE84) 5 18° 34' 03" W a distance of 183.87 feet to a 5/8" rebar set with a CE CAP (CORNER 78);
(CE85) 5 18° 341 03" W a distance of 128.97 feet to a 5/8" rebar set with a CE CAP (CORNER 79);
(CE86) 5 40° 12' 35" W a distance of 263.54 feet to a 5/8" rebar set with a CE CAP (CORNER 80);
(CE87) 5 83° 56' 13" W a distance of 142.84 feet to a 5/8" rebar set with a CE CAP (CORNER 81);
(CE88) N 56° 01' 22" W a distance of 1.20 feet to an existing 5/8" rebar with a CE CAP (CORNER 26);
(L44) N 35° 591 08" E a distance of 467.15 feet to an existing 5/8" rebar with a CE CAP (CORNER 25);
BK 6684 PG 971 DOC# 30031899
(L43) N 05° 43' 31" E a distance of 166.62 feet to an existing 5/8" rebar with a CE CAP (CORNER
24); said corner being the point of beginning of Conservation Easement Area 7, containing
66,982.92 square feet (1.538 acres) more or less.
Conservation Easement Area 8:
Beginning at an existing 5/8" rebar set with a CE CAP (CORNER 27), said rebar located at a bearing of
535°59'08"W at a distance of 60.04 feet (L45) from an existing 5/8"rebar with a CE CAP (CORNER
26), said corner bears the North Carolina State Plane Coordinates (2011) of Northing; 858,879.15
feet and Easting: 1,962,676.21 feet (SF:0.9998347);
Thence turning and running along the line and with the conservation easement area the
following courses and distances:
(CE89) 5 56° 01' 57" E for a distance of 18.66 feet to a 5/8" rebar set with a CE CAP (CORNER 82);
(CE90) N 85° 34' 04" E for a distance of 108.16 feet to a 5/8" rebar set with a CE CAP (CORNER 83);
(CE91) 5 40° 12' 35" W for a distance of 8.53 feet to a 5/8" rebar set with a CE CAP (CORNER 84);
(CE92) 5 33' 53' 59" W for a distance of 65.27 feet to a 5/8" rebar set with a CE CAP (CORNER 85);
(CE93) 5 37° 37' 38" W for a distance of 680.97 feet to a 5/8" rebar set with a CE CAP (CORNER 86);
(CE94) 5 37° 03' 38" W for a distance of 477.50 feet to a 5/8" rebar set with a CE CAP (CORNER 87);
(CE95) 5 60° 20' 22" W for a distance of 92.10 feet to a 5/8" rebar set with a CE CAP (CORNER 88);
(CE96) N 31° 51' 29" W a distance of 90.02 feet to an existing 5/8" rebar with a CE CAP (CORNER 30);
(L48) N 540 22' 20" E for a distance of 70.10 feet to an existing 5/8" rebar with a CE CAP (CORNER 29);
(L47) N 38° 52' S8" E for a distance of 493.88 feet to an existing 5/8" rebar with a CE CAP (CORNER
28
(L46) N 35" 59'08" E for a distance of 651.24 feet to an existing 5/8" rebar with a CE CAP (CORNER
27); said corner being the point of beginning of Conservation Easement Area 8, containing 117,54763
square feet (2.699 acres) more or less.
Conservation Easement Area 9:
Beginning at an existing 5/8" rebar set with a CE CAP (CORNER 31), said rebar located at a bearing of
554°22'20"W at a distance of 60.13 feet (L49) from an existing 5/8"rebar with a CE CAP (CORNER
30), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 857,891.88
feet and Easting: 1,961,877.68 feet (SF:0.9998347);
Thence turning and running along the line and with the conservation easement area the
following courses and distances:
(CE97) 5 31° 51' 29" E for a distance of 83.76 feet to a 5/8" rebar set with a CE CAP (CORNER 89);
(CE98) 5 60° 20' 22" W for a distance of 4.74 to a 5/8" rebar set with a CE CAP (CORNER 90);
(CE99) 5 55° 14' 37" W for a distance of 344.37 feet to a 5/8" rebar set with a CE CAP (CORNER 91);
(CE100) 5 27° 23' 27" W for a distance of 322.23 feet to a 5/8" rebar set with a CE CAP (CORNER 92);
(CE101) 5430451 48" W for a distance of 300.48 feet to a 5/8" rebar set with a CE CAP (CORNER 93);
(CE102) N 77° 40' 46" W a distance of 127.14 feet to an existing 5/8" rebar with a CE CAP (CORNER
34
(L52) N 49° 11' 08" E for a distance of 323.89 feet to an existing 5/8" rebar with a CE CAP (CORNER
33);
17
BK 6684 PG 972 DOC# 30031899
(L51) N 27° 35' 17" E for a distance of 345.47 feet to an existing 5/8" rebar with a CE CAP (CORNER
32
);
(L50) N 54° 22' 20" E for a distance of 391.23 feet to an existing 5/8" rebar with a CE CAP (CORNER
31); said corner being the point of beginning of Conservation Easement Area 9, containing
86,838.64 square feet (1.994 acres) more or less.
APPENDIX E. Financial Assurance
PERFORMANCE BOND Travelers Casualty and Surety Company of America
FOR MONITORING One Tower Square, Hartford CT 06183
Bond No. TBD
KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Holdings V, LLC, as Principal, and Travelers Casualty
and Surety Company of America, licensed to do business in the State of North Carolina as Surety, are held and firmly
bound unto North Carolina Department of Environmental Quality – Division of Water Resources (Obligee), in the
penal sum of One Hundred Thousand and no/100 Dollars ($100,000) lawful money of the United States of America, for
the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors,
administrators, and successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain
written Agreement with the above named Obligee, effective the 6 day of October, 2020 for Perry Hill II Nutrient Offset
and Buffer Mitigation Bank Parcel located within the Falls Lake Watershed of the Neuse River Basin in the State of
North Carolina, United States Geological Survey (“USGS”) 8-digit Hydrologic Unit code (“HUC”) 03020201, and
more fully described in said Agreements, a copy of which is attached, which Contract is made a part hereof and incorporated
herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond
as set out below.
NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform
the monitoring obligations, according to the terms, stipulations or conditions thereof, then this obligation shall become null
and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee.
Notwithstanding the provisions of the Contract, the term of this bond shall apply from TBD and end with the approval of the
Year 1 Monitoring Report by the North Carolina Department of Environmental Quality – Division of Water Resources but
may be extended by the Surety with a Continuation Certificate for future monitoring years 2 - 5. However, neither
nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal,
shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability
of the Surety under this bond or any continuation certificates issued in connection therewith shall not be cumulative and
shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued
by the Surety as supplements thereto.
Sealed with our seals and dated this TBD day of TBD, 2021
WILDLANDS HOLDINGS V, LLC
________________________________ ________________________________
Witness Principal
Travelers Casualty and Surety Company of America
________________________________ _____________________________________________
Witness Phoebe C. Honeycutt, Attorney-in-Fact
McGriff
4309 Emperor Blvd., Suite 300
Durham, NC 27703
Agreed and acknowledged this _____ day of ___________, 2021
By: _______________________________________________
Obligee
APPENDIX F. Overview Photographs
Perry Hill II Mitigation Bank Parcel
Appendix F: Overview Photographs
Perry Hill II Mitigation Bank Parcel
Appendix F: Overview Photographs