20190239 Ver 2_AsBuilt Report - FINAL_20210824

Moccasin Creek Mitigation Site
DWR ID# 2019-0239v2
Wildlands Holdings III, LLC's Moccasin Creek Mitigation Site
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AS -BUILT & BASELINE MONITORING REPORT
August 2021
PREPARED BY:
Wildlands Engineering, Inc.
kt� 312 West Millbrook Road, Suite 225
Raleigh, NC 27609
W T L D L A N D S Phone:[phone]
ENGINEERING

AS -BUILT & BASELINE MONITORING REPORT
Moccasin Creek Mitigation Site
Wildlands Holdings III, LLC's Moccasin Creek Mitigation Site
TABLE OF CONTENTS
1.0 Introduction...................................................................................................................................... 2
2.0 Parcel Location & Background......................................................................................................... 2
2.1 Location and Setting..................................................................................................................... 2
2. 2 Parcel Background........................................................................................................................3
2. 3 Parcel Objectives.......................................................................................................................... 3
3.0 Restoration Activities....................................................................................................................... 3
4.0 Mitigation Potential and Deviations from the Bank Parcel Devlopment 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........................................................................................................................................ 5
APPENDICES
Appendix A: General Figures and Tables
Table 1 Buffer Project Areas and Assets
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
Figure 1
Vicinity Map
Figure 2
Service Area Map
Figure 3
Credit Generation Map
Figure 4
Monitoring Components Map
Figure 5
As -Built Survey
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
Moccasin Creek Mitigation Site Page 1
As -Built & Baseline Monitoring Report —August 2021

AS -BUILT & BASELINE MONITORING REPORT
Moccasin Creek Mitigation Site
Wildlands Holdings III, LLC's Moccasin Creek Mitigation Bank
The Moccasin Creek Mitigation Site ("Parcel") is proposed under the terms and conditions of the
Moccasin Creek Nutrient Offset and Riparian Buffer Mitigation Banking Instrument ("MBI"), made and
entered into by Wildlands Holdings III, LLC acting as Bank Sponsor ("Sponsor") and the North Carolina
Department of Environmental Quality ("NCDEQ') Division of Water Resources ("NCDWR"). The Parcel
has been planned and designed according to the MBI, 15A NCAC 02B .0703 and the Consolidated Buffer
Mitigation Rule 15A NCAC 02B .0295 which became effective November 1, 2015.
Moccasin Creek flows into Holts Pond and eventually into the Neuse River approximately 12 miles
downstream from the Parcel. Moccasin Creek and its tributaries upstream of Holts Pond are classified as
Nutrient Sensitive Waters (NSW) by NCDWR. The proposed project supports specific goals identified in
the 2010 and 2015 Neuse River Basin Restoration Priorities Plan (RBRP) by promoting "nutrient and
sediment reduction in agricultural areas by restoring and preserving wetlands, streams and riparian
buffers." The purpose of the Parcel is to provide riparian buffer and nutrient offset mitigation credits to
compensate for buffer impacts and development requiring nutrient offset payments according to the
Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (effective November 1, 2015) and
development requiring nutrient offset payments according to 15A NCAC 02B .0703 within the 03020201
HUC excluding the Falls Lake Watershed. The Bank may also provide nutrient offset credits for
stormwater requirements with new and existing development requiring nutrient offsets within the
03020201 HUC outside the Falls Lake Watershed. The Bank service area is depicted in 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. Approximately 16.27 acres
have been protected with a permanent conservation easement along Moccasin Creek one unnamed
tributary (UT1) and one ditch (Ditch A). Project features on the Parcel had little to no existing riparian
buffer except for one stand of mature trees along the downstream left portion of Moccasin Creek. A
conservation easement was recorded on the Parcel in October 2020.
2.0 Parcel Location & Background
2.1 Location and Setting
The Parcel is located in central Johnston County within the Town of Pine Level (Figure 1). The Parcel
involves riparian restoration on Moccasin Creek and one unnamed tributary (UT1). The project is located
within the Neuse River Basin Hydrologic Unit Code (HUC) 03020201160010 and NCDWR Subbasin 03-04-
12 and is being submitted for riparian buffer mitigation credit and nutrient offset credit in the Neuse
River Basin HUC 03020201 (excluding Falls Lake) (Figure 2).
From Raleigh take 1-40 E. Continue for 11.5 miles, then take exit 333 to merge onto US 70 to Buffalo Road.
Follow US 70 S for 15.8 miles take a right onto W. Noble Street and continue on this route for 1.4 miles.
Turn left onto S. Pollack Street, after 1.0 mile turn right onto W. Anderson Street. The project is located
2.4 miles down the road on the left (35' 31' 1.488" N, 78' 14' 52.6" W).
W Moccasin Creek Mitigation Site Page 2
As -Built & Baseline Monitoring Report — August 2021

2. 2 Parcel Background
Prior to construction, the Parcel consisted primarily of open agricultural fields, mainly used for row crop
production. The streams and ditches on the site had little to no riparian buffer and were cultivated in
most locations on an annual basis. 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.
Due to heavy agricultural activities and vegetation management for many decades, active row crop
fields of soybeans or corn dominated the easement area with woody vegetative cover in the form of a
streamside thicket only along the opposite side of Moccasin Creek. A native pollinator friendly seed mix
was applied to the site on May 17t", 2021. Wildlands anticipates sufficient herbaceous cover to be
present leading up to and during the time of Monitoring Year 1 vegetation plot photographs.
2.3 Parcel Objectives
The main objective of the Parcel was to reduce nitrogen and phosphorous to Neuse River receiving
waters through converting the land use from active row crop agriculture to a riparian forest. The
riparian corridors will absorb nutrients, thereby preventing them from flowing into Holts Pond and
farther downstream into the Neuse River.
3.0 Restoration Activities
Developing the Parcel for mitigation required converting existing agriculture land use practices adjacent
to streams into riparian forest. Both the Neuse buffer and the nutrient offset restoration areas were
planted with appropriate native tree species within the project corridors. The trees were planted by
hand using dibble bars in rows running perpendicular to the channel.
The revegetation plan for the Parcel included planting of bare root trees and controlling invasive species
growth. Bare root trees selected for the Parcel were native bottomland hardwood species typical for
outer coastal plain communities as defined by Schafale (1990). Adjacent forested areas were also used
as a reference for the Parcel. Trees were planted at a density of 621 trees per acre in the vegetation
plots, and Table 6 lists the tree species that were planted on the Parcel. Wildlands restored the Neuse
River buffers and riparian areas by planting trees from 0-200' from top of bank along all of Moccasin
Creek and part of UT1.
The easement was marked using conservation easement placards mounted on 6 ft U-Posts and trees
following the entirety of the boundary. Flagging tape has been added to the T-posts along Moccasin
Creek, UT1, and within the inner boundaries of the two utility easements. These signs will be maintained
and replaced, if necessary, throughout the monitoring years. After closeout of the project UP 2 Save will
take over the easement and its boundaries maintenance.
The restoration areas beyond the first 15 feet from top of bank to 100 feet are viable for either riparian
buffer credits or nutrient offset credits and can be converted upon approval by NCDWR. The credits
sought within 101 to 200 feet will only be used for nutrient offsets and cannot be converted into buffer
credits.
4.0 Mitigation Potential and Deviations from the Bank Parcel Development Package (BPDP)
16.27 acres of land were protected with a conservation easement. Out of the 16.27 acres, 15.27 acres
were restored, of which the sponsor is requesting 7.02 acres be used to generate riparian buffer credit
for a total of 305,575 square feet. The remaining 6.86 acres restored riparian areas from 101'-200' are
being requested to generate nitrogen offset credits (15,591.88 Ibs N). No credit is claimed on 1.40 acres
W Moccasin Creek Mitigation Site Page 3
As -Built & Baseline Monitoring Report — August 2021

due to an agreement with the existing drainage district and to account for a diffuse flow reduction. The
first 15 feet from top of bank, roughly 56,706 square feet, are not eligible for mitigation credit due to an
existing emergency access agreement with the Moccasin Creek Service District and are not included in
the credit totals but are within the conservation easement boundary. There are no preservation or
enhancement credit areas being requested on this site. In general, riparian buffer restoration area
widths on streams extend out to 100 feet from 16 feet 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, there have been no major changes to credits. The final survey contains a slightly larger area
than what was produced initially in GIS resulting in a 0.06 acre addition to restoration credit being
claimed.
5.0 Monitoring Protocol & Success Criteria
Twelve 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 February 2021 following the CVS Levels 1 & 2 Protocol for Recording
Vegetation, Version 4.0 (Lee et al. 2006). The as -built baseline data shows a planted tree density of 621
stems per acre (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, height, density, and survival
rates will be evaluated on an annual basis by plot for the entire site. Wildlands shall submit to NCDWR
an annual monitoring report, no later than December 315Y of each year for five consecutive years and
will follow the terms and conditions of the BPDP signed in October 2020. Success criteria within the
Neuse buffer and nutrient offset restoration areas will be based on the survival of a minimum density of
260 planted stems per acre after five years of monitoring. Appropriate and desirable native volunteer
species may be included in the Parcel's density to meet the performance standards with NCDWR
approval.
6.0 Financial Assurance & Long Term Management
6.1 Financial Assurance
After completion of the restoration/construction, 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. A copy
of the draft monitoring bond is provided in Appendix E.
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.
W Moccasin Creek Mitigation Site Page 4
As -Built & Baseline Monitoring Report — August 2021

7.0 References
Guidelines for Riparian Buffer Restoration. NC Department of Environment and Natural Resources,
Ecosystem Enhancement Program. October 2004.
Lee, Michael T., Peet, Robert K., Steven D., Wentworth, Thomas R. 2006. CVS-EEP Protocol for Recording
Vegetation Version 4.0. Retrieved from
http://www.nceep.net/business/monitoring/veg/datasheets.htm.
Peet, R.K., T.R. Wentworth and P.S. White. 1998. A flexible, multipurpose method for recording
vegetation composition and structure. Castanea 63:262-274. http://cvs.bio.unc.edu/methods.htm
Schafale, M.P. and Weakley, A.S. 1990. A Classification of the Natural Communities of North Carolina,
Third Approximation.
Wildlands Holdings III, LLC (2019). Moccasin Creek Nutrient and Buffer Banking Instrument. NCDWR,
Raleigh NC. http://portal.ncdenr.org/web/wq/nutrientbufferbanks
W Moccasin Creek Mitigation Site Page 5
As -Built & Baseline Monitoring Report — August 2021

APPENDIX A. General Figures and Tables

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VEGETATION PLOT PHOTOGRAPHS
Moccasin Creek Mitigation Site

VEG PLOT 1(0212512021) 1 VEG PLOT 2 (0212512021) 1
VEG PLOT 3 (0212512021)
VEG PLOT 5 (0212512021)
VEG PLOT 4 (0212512021)
VEG PLOT 6 (0212512021)
Moccasin Creek Mitigation Site

VEG PLOT 7 (0212512021)
VEG PLOT 8 (0212512021)
VEG PLOT 9 (0212512021) 1 VEG PLOT 10 (0212512021) 1
VEG PLOT 12 (0212512021) 1
Moccasin Creek Mitigation Site

APPENDIX C. NCDWR Surface Water Determination

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
November 22, 2019
Andrea Eckardt
Wildlands Engineering, Inc Johnston County
1430 S. Mint St., Suite 104
Charlotte, NC 28203
(via electronic mail: aeckardt ,wildlandseng.com)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Moccasin Creek Site
Located at 1839 Pine Level Selma Rd, Selma, NC
Neuse 03020201 (not in Falls WS)
Dear Ms. Eckardt,
On January 8, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Wildlands Engineering, Inc (WEI) for a site visit near the above -referenced
site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site visit was
to determine the potential for riparian buffer mitigation and nutrient offset within a proposed
Easement Boundary, which is more accurately shown in the attached maps labeled "Figure 4"
prepared by WEI. On February 12, 2019, Ms. Merritt performed a site assessment of the subject site.
Staff with WEI were also present. Site constraints on the property are detailed below:
1. Two existing powerline easements are present — one easement is 100' wide and one easement
is 30' wide;
2. One existing driveway is present;
3. Sewer lines are present but the specific sewer line access easement has not been provided to
DWR;
4. Site is located within the Moccasin Creek drainage district where active maintenance is
performed within Moccasin Creek and its unnamed tributaries (see Exhibit A)
Regarding Item 4 above, DWR is likely to support a riparian restoration project adjacent to moccasin
creek and its associated unnamed tributary, labeled UT I, under the following conditions:
1. A Conservation Easement (CE) must include the top of channel banks and be written in a
way to support the Drainage District's needs within the first 15' from top of bank only. This
will have to include the lateral streams and ditches coming into Moccasin on the site as well
2. The CE must be transferred to a DWR- approved long term steward before receiving the first
credit release.
3. Correspondence must be provided to the Drainage District regarding #1 above
4. Correspondence from the Drainage District to Wildlands must be provided to DWR
acknowledging their acceptance that 15' is the maximum width allowed for a travel -way
within the CE area. Their maintenance contract would need to be updated in response to this,
D__ FE Q-b North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
�� / 919.707.9000

Moccasin Creek Site
Wildlands Engineering, Inc.
November 22, 2019
noting that 15' along areas of Moccasin Creek and laterals at this location, is the maximum
"travel -way".
No buffer mitigation or nutrient offset credits can be generated within the first 15' from top
of bank.
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
'Subject
Riparian Land uses
Buffer
7Nutrient
Mitigation Type Determination w/in
onsite
to
adjacent to Feature
Offset
riparian areas
Credit
0-200'
Buffer
Viable
Viable at
2,273.02
Rule
Ibs-N per
acre
Moccasin
Stream
Yes
Left Bank (not located
'Yes
Yes (right
Left Bank/non-forested - Restoration
Creek
within the proposed project
bank only)
Site per 15A NCAC 02B .0295 (n)
boundary) -Mostly non -
forested & non-agricultural
Left Bank/forested - Preservation Site
fields upstream with mature
per 15A NCAC 02B .0295 (o)(5)
forest downstream and a
sewer line easement
Right Bank/Fields - Restoration Site
per 15A NCAC 02B .0295 (n)
Right Bank - Non -forested
agricultural fields
*sewer easement must be located outside
of Zone 1 & be in full compliance with
15A NCAC 02B.0295 (1)(4)(A-C)
A
Ditch
No
Non -forested agricultural
*see note
Yes
Restoration Site per 15A NCAC 02B
fields
.0295 (o)(8)
*Buffer Mitigation Note - Assessment
concludes the ditch meets 15A NCAC
02B .0295 (o)(8) (A, B, C, & E). More
information is required to be provided
in a mitigation plan for complete
assessment. See rule.
UTl
Stream
Yes
Non -forested agricultural
Yes
Yes
Restoration Site per 15A NCAC 02B
fields, driveway parallel to
.0295 (n)
left bank, and a sewer line
easement present
driveway path must be removed outside of
the project area to receive credit
Trash was located in the
stream and should be
*sewer easement must be located outside
removed
of Zone 1 & be in full compliance with
15A NCAC 02B.0295 0)(4)(A-C)
'Subjectivity calls for the features were determined by DWR in correspondence dated March 5, 2019 using the 1:24,000 scale
quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS .
z NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
'The 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.
Page 2 of 3

Moccasin Creek Site
Wildlands Engineering, Inc.
November 22, 2019
Maps that are attached to this letter were prepared by WEI and initialed by Ms. Merritt on November
22, 2019.
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.
This viability assessment will expire on November 22, 2021 or upon the submittal of an As -
Built Report to the DWR, whichever comes first. This letter should be provided in any
nutrient offset, buffer, stream or wetland mitigation plans for this Site
Please contact Katie Merritt at [phone] if you have any questions regarding this
correspondence.
MH/kym
Attachments: Figure 2, Exhibit A
cc: File Copy (Katie Merritt)
Sincerely,
C
n Mac Haupt, Acting Supervisor
W401 and Buffer Permitting Branch
Page 3 of 3

Project Location
------ Sanitary Sewer Line
Proposed Conservation Easement Boundary
Non -Project Streams
Topographic Contours (2')
Project Streams
Project Ditches
• Manholes
r.
M `
♦♦ � % Sewer Location Assumed from
Approximate Locations of Field
Located Sanitary Sewer Manholes.
Not All Manholes Located.
' , 30' Powerline
Easement Break m
100' Powerline ♦♦ SO'Driveway
Easement Break ♦ Easement Break
- S L �� /i �,♦ � -Xis,.- ---
'Ar T I60
lip
hh let
I
,a +�. • .. 'rid i�'" �''' ?�_ ;�
... F.. -
+l�
Aft
S
k 71'4
Figure 2 Site Map
W I L D L A N 0 250 500 F et Moccasin Creek Mitigation Site
ENGINEERINGG A
Neuse River Basin (03020201)
' Johnston County, NC

EXHIBIT A
MAINTENANCE SPECIFICATIONS -MOCCASIN CREEK
The work to be bid consists of approximately 22.4 miles of maintenance work on
the Moccasin Creek Watershed Project extending from just west of US 301 north of
Selma, past the town of Pine Level, to a point designated as the headwaters of Holt's
Pond near Princeton in Johnston County, North Carolina. The maintenance work will
consist of the following:
The mowing of all travel -ways (travel -way herein defined as that area on which
spoil was placed when excavation originally occurred, the spoil being shaped to
allow access) on the main and all laterals in the watershed project. The amount to
be mowed being the side of the channel from waters edge to the top of the channel
bank and the travel -way area from the top of channel bank to adjacent vegetation
beyond one year of age along the edge of the travel -way. Mowing will be done to
approximately a four inch height on the side slope of the channel. Mowing will
be done on both sides of the channel at the areas shown on the project map. All
channel areas that can be accessed from either side shall have the trees removed
and slope mowed on both sides. The approximate locations of these areas are
shown on the project map. The designated Contracting Officer will determine the
exact location and extent of the work in the field.
2. The removal of all debris from the channel. Debris consists of any natural or
manmade material. Natural materials include but are not limited to:
a) Trees that have fallen across the channel whether or not their branches are
in the water.
b) Trees or shrubs fallen in the channel.
c) Beaver dams.
d) Debris pile ups of branches, sticks, etc. in the channel, at culvert pipes,
and at railroad or highway bridges.
e) Trees or shrubs growing below the mean water line in the channel.
f) Sandbar excavation not to exceed the original depth of the channel.
Excavation to be done at the discretion and direction of the designated
Contracting Officer.
Manmade materials include but are not limited to:
a) Tires
b) Appliances
c) Railroad ties
d) Cinder blocks
e) Wooden pallets v2
f) Any trash in channel at time of mowing and maintenance.
9

The filling of any sink holes or potholes on the travel -way that might restrict
access.
4. All correspondence regarding this project, pre -bid and post -bid will be solely
through the Contracting Officer. Only the Contracting Officer has the authority to
approve a change or deviation from the specifications.
5. Contactor is to contact the Contracting Officer upon completion of each segment.
Contracting Officer will inspect and mark deficiencies. Contracting Officer will
re -inspect when notified that the deficiencies have been corrected.
All trees, shrubs, debris, etc., cut or removed as a result of maintenance work are
to be disposed of according to local and state law and in a manner acceptable to the
Contracting Officer and adjoining landowners. In no situation shall debris be placed on
cropland or other cleared land. Repair of any damage to culverts, drop inlets, or other
pipes as a result of maintenance work is the responsibility of the Contractor and is to be
corrected to the satisfaction of the Contracting Officer. The Contractor will be provided
a map but the Contractor assumes sole responsibility in determining the extent of
watershed project and the location of the main and all laterals of watershed. Work is not
to be started until all of the following criteria are met:
a) an initial bid acceptance letter is received.
b) a pre -construction conference is attended by the Contractor or a representative
qualified to act on his behalf.
c) a written Notice -to -Proceed is received. This Notice shall be received
annually.
Payment for work will be made upon satisfactory inspection by the Contracting Officer.
10

APPENDIX D. Conservation Easement

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

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

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

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

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

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

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

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

DEED B: 5743 P: 30
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
GRANTOR:
By:L
Daniel F. Kornega
Date: 4 -eV -- 2Q a cl
By: (� k,—."
Paula S. Kornegay
Date: _lD �02Q-�-O
NORTH CAROLI NA COUNTY OF Ill
V.
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kALl
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PVe ;
I, Kovkipmo a Notary Public in and forthe County and State aforesaid, do hereby
certify that Daniel F. Ko­cdegaJlr and Paula S. Kornegay, Grantor, personally appeared before me this day
and acknowledged the execution of the foregoing instrument,
IN WITH SS WHEREOF, I have hereunto set my han-.r11E{•••••••• al this the �I!' day of
0r9 Piles , 2020.
A,M
• Q1 AR y
Nota
My Comm
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0

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

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

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

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

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

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

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

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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 III, 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 13 day of October, 2020 for Moccasin Creek Nutrient
Offset and Buffer Mitigation Bank Parcel located within the Neuse River Basin, excluding the Falls Lake Watershed
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
Witness
Witness
Agreed and acknowledged this day of 2021
M
Obligee
WILDLANDS HOLDINGS III, LLC
Principal
Travelers Casualty and Surety Company of America
Phoebe C. Honeycutt, Attorney -in -Fact
McGriff
4309 Emperor Blvd., Suite 300
Durham, NC 27703

APPENDIX F. Overview Photographs

Moccasin Creek Mitigation Site
Appendix F: Overview Photographs

Moccasin Creek Mitigation Site
Appendix F: Overview Photographs

ID#* 20190239 Version* 2
Select Reviewer:*
Katie Merritt
Initial Review Completed Date 08/25/2021
Mitigation Project Submittal - 8/24/2021
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
r Stream r Wetlands W Buffer V Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Jason Lorch
Project Information
.............................................................................................................................................................................
ID#:* 20190239
Existing IDr
Project Type: r DMS r Mitigation Bank
Project Name: Moccasin Creek Mitigation Site
County: Johnston
Document Information
Email Address:*
[e-mail]
Version:
*2
Existing Version
Mitigation Document Type:*
Mitigation Monitoring Report
File Upload: Moccasin Creek Buffer and Nutrient Bank- AsBuilt
15.7MB
Report - FINAL.pdf
Rease upload only one RDFof the corrplete file that needs to be subrritted...
Signature
Print Name:* Jason Lorch
Signature:*