20150172 Ver 1_401 Application_20150215

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone
sandec coin
To US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn James Lastinger
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From Deborah E Shirley
Sod & Environmental Consultants, PA
Re Green Level High School: WCPSS H -7
Cary, Wake County, NC
Fe r�uary�10r ,t20115
S &EC Pro t # ,112220.�P1$
NC DWR, 401 & Buffer Permitting Unit
Attn Karen Higgins
Archdale Budding — 9th Floor
512 North Salisbury Street
Raleigh, NC 27A04________
2 0 1 5 0 1 7 2
DR.-. R 0 -
�iJ
[F E1119 1 0 2015 +
i
DENR - WATEk -- :)URGES
AM o e� ..-.-.-._ -._
On behalf of the applicant, Wake County Board of Education, please find attached a complete application
and supplemental information requesting written concurrence from the U S Army Corps of Engineers and
the N C Division of Water Resources ( NCDWR) that the activities proposed below may proceed under
Nationwide Permits 12, 14 & 39 and Water Quality Certifications 3884, 3886 & 3890 The proposed
project is within the Jordan Watershed, however the project is for a local unit of government, therefore the
applicant requests the No Practical Alternatives review by the NCDWR Please contact me at (919) 846-
5900 if you have any questions or require additional information
PROJECT SUMMARY
Project Name
Green Level High School WCPSS H -7
Project Type
Institutional Development
Owner / Applicant
Wake County Board of Education
County
Wake
Nearest Town
Cary
Waterbody Name
White Oak Creek
Basin /HUC
Cape Fear 03030002
Index Number
16-41-6-(0 7
Class
WS -IV, NSW
IMPACT SUMMARY
Stream Impact (acres)
0
Jurisdictional Wetland Impact (acres)
0 795
Open Water Impact (acres)
0
Total Impact to Waters of the U S (acres)
0 795
Total Permanent loss = 0.488 acres, total Temporary =
0 109 acres, total permanent conversion = 0 198 acres
Total Stream Impact (linear feet)
0
Attachments
Pre - construction Notification (PCN) Application Form
Agent Authorization Form
USGS Topographic Map
NRCS Sod Survey Map
Page 1 of 2

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Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 15
PCN Form — Version 1 3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
lb Specify Nationwide Permit (NWP) number 12, 14 & 39 or General Permit (GP) number N/A
1c
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
1f
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program
® Yes
❑ No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1 h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a
Name of project
Green Level High School -WCPSS H -7
rl
2b
County
Wake
2c
Nearest municipality / town.
Cary
2d
Subdivision name
N/A
2e
NCDOT only, T I P or state
protect no
N/A
SO�RGEG
M►�W
3.
Owner Information
3a
Name(s) on Recorded Deed
Wake County Board of Education
3b
Deed Book and Page No
D.B 13327, Pg 1146, 1154, 1159
3c
Responsible Parry (for LLC if
applicable)
Mabry J. Desormeaux, Jr
3d
Street address
1551 Rock Quarry Road
3e
City, state, zip
Raleigh, NC 27610
3f
Telephone no
919- 508 -9047
3g
Fax no
N/A
3h
Email address
N/A
Page 1 of 15
PCN Form — Version 1 3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other, specify Owner - please send correspondence to both owner
and agent
4b
Name.
Mabry J Desormeaux, Jr
4c
Business name
(if applicable)
Wake County Board of Education
4d
Street address
5635 Dillard Dive, Crossroads Building 1
4e
City, state, zip
Cary, NC 27518
4f
Telephone no.
919 - 508 -9047
4g
Fax no
N/A
4h
Email address
N/A
5.
Agent/Consultant Information (if applicable)
5a
Name
Deborah Edwards Shirley
5b
Business name
(if applicable)
Soil & Environmental Consultants, PA
5c
Street address
8412 Falls of Neuse Road, Suite 104
5d
City, state, zip
Raleigh, NC 27615
5e
Telephone no.
919 - 846 -5900
5f
Fax no
919 - 846 -9467
5g
Email address
DSh►rlev(-SandEC.com
Page 2 of 15

B.
Project Information and Prior Project History
1.
Property Identification
la
Property identification no (tax PIN or parcel ID)
Parcel ID 0733 -06 -1465
1 b
Site coordinates (in decimal degrees) IMPACT #1
Latitude 35 7730 Longitude -78 8980
(DD DDDDDD) ( -DD DDDDDD)
1c
Property size
± 87 acres
2.
Surface Waters
2a
Name of nearest body of water (stream, river, etc ) to
White Oak Creek 16- 41 -6 -(0 7)
proposed project
2b
Water Quality Classification of nearest receiving water
WS -IV, NSW
2c
River basin
Cape Fear, Hydrologic Unit Code 03030002
3.
Project Description '
3a
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application The existing conditions on site consist of forested land with White Oak Creek and its floodplam wetlands as
the northern boundary, a stream & wetland system bisecting the center portion of the property with a drained pond at the
head of this system, along with another stream & wetland system along the eastern side of the property Additionally,
there is an isolated stream along the western side of the property and an additional drained pond at the far eastern corner
of the property that drains to the large offsite pond to the northeast. There are also residential structures and out
buildings on site with soil & gravel drives, and some utility easements adjacent to Green Level Church Road and Roberts
Road And finally, there is an existing conservation easement within the property boundaries, the boundaries of this
conservation easement (CE) were re- negotiated for this project. The CE is held by the Town of Cary and the NC Clean
Water Management Trust Fund #2004A -003, documents supporting the CE are attached The general land use in the
vicinity of the project is rural residential, with an influx of new residential
3b
List the total estimated acreage of all existing wetlands on the property.
Approximately 6.70 acres
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Approximately 3,585 linear feet
3d
Explain the purpose of the proposed project
The purpose of the proposed project is to construct infrastructure (I a roads, parking, sporting fields & courts, budding
structures, stormwater devices and offsite utilities) for a high school. Additionally, the proposed school will benefit the
community and neighboring developments because it will serve the rapid growth in this part of the county and alleviate
overcrowding in other area high schools.
3e
Describe the overall project in detail, including the type of equipment to be used
The overall project consists of the construction a high school and attendant features, including but not limited to,
ball fields, mult1purpose field, track and stadium field, competition field, tennis courts, volleyball courts, and the
infrastructure (Le roads, parking, utilities and stormwater devices) Specifically, this project will require Impacts to
wetlands necessary for parking, entrance drives, and offsite utilities In addition, offsite impacts include temporary
wetland impacts and ripanan buffer impacts necessary for utilities. Equipment such as bull dozers, bucket loaders,
excavators and other typical equipment used for land disturbance, construction and Bore & Jack will be utilized for
this project
Page 3 of 15
PCN Form — Version 1 3 December 10, 2008 Version

B. Project Information and Prior Project History
4.
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments
4b
If the Corps made the jurisdictional determination, what type
of determination was made?
Comments A final JD was issued by Andrea Wade on
01122109, this JD has since expired (i a AID #200803131)
❑ Preliminary ® Final
On February 7, 2015 an updated JD request package was
submitted to your office however we are still awaiting the
wetland survey that the applicant would like signed We will
provide this map to you for signature
4c
If yes, who delineated the jurisdictional areas?
Agency /Consultant Company Mite: Withers &
Name (if known) S &EC- Steven Ball, Withers & Ravenel -Troy
Ravenel (►.e. road improvement areas and property north
Beasley
of White Oak Creek) Onsite S &EC Other
4d
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
NCDWR -site visit verifying npanan buffers confirmed by Sara Kn►es on February 7, 2014 (NBRRO #14 -023); USACE -site
visits to venfyjunsdict►onal wetlands and waters were conducted on January 17, 2014 and October 8, 2014 with James
Lastinger
5.
Project History
5a
Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b
If yes, explain in detail according to "help file" instructions
N/A
6.
Future Project Plans
6a
Is this a phased project?
❑ Yes ® No
6b
If yes, explain
Page 4 of 15

C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ❑ Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number — Permanent
Type of impact
Type of
Forested
(Corps - 404, 10
Area of impact
(P) or Temporary (T)
wetland
DWQ — non -404, other)
(acres)
if known
W1 (1 -WL) ®P ❑ T
Fill - Parking (Staff &
Headwater
El Yes
® Corps
0.149
Visitor)
Forest
® No
E] DWQ
W2 (2 -WL) ®P ❑ T
F111-Parking
l- Parking (Student)
Forest
® Yes
❑ No
® Corps
❑ DWQ
0 097
W3 (3 -WL) ®P ❑ T
Fill- Road
Headwater
El Yes
® No
® Corps
❑ DWQ
0.222
W4 (4 -WL -PUE)
Utilities- Conversion-
Bottomland
®Yes
®Corps
® P ❑ T
Permanent
Hardwood
❑ No
❑ DWQ
0 078
Maintenance Corridor
Forest
W5 (4 -WL -TCE)
Uhhhes- Temporary
Bottomland
®Yes
®Corps
❑ P ® T
Construction
Hardwood
❑ No
❑ DWQ
0 021
Easement
Forest
W6 (4 -WL)
Bottomland
® Yes
® Corps
®P F1 T
F111 -Road Widening
Hardwood
❑ No
DWQ
0 020
Forest
W7 (5 -WL -PUE)
Utilities- Conversion-
Bottomland
® Yes
® Corps
®P E:1 T
Permanent
Hardwood
El No
E] DWQ
0 120
Maintenance Corridor
Forest
W8 (5 -WL -TCE)
Utilities- Temporary
Bottomland
®Yes
®Corps
❑ P ® T
Construction
Hardwood
❑ No
❑ DWQ
0 088
Easement
Forest
2g. Total wetland impacts
0.795
2h Comments Total Permanent/Permanent Loss = 0.488 acres; Total Temporary Impacts /Permanent
Conversion =0.198 acres (Temporary impact but permanent conversion of forested wetland to permanently
maintained corridor); Total Temporary Impacts /Construction Corridor =0.109 (construction corridor).
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream
Perennial
Type of jurisdiction
Average
Impact
number - Permanent
name
(PER) or
(Corps - 404, 10
stream
length
(P) or Temporary (T)
intermittent
DWQ - non -404,
width
(linear
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
0
31 Comments
Page 5 of 15
PCN Form - Version 1 3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S. then individ ally list all open water im acts below
4a
4b
4c
4d
4e
Open water impact
Name of waterbody
'
number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Tem ora T
01 ❑P ❑T
02 ❑P ❑T
0. Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then com Iete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of pond
(acres)
number
Flo
ode
Filled
Excavated
Flooded
Filled
Excavated
Flooded
d
P1
5f. Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)-
'
5k Method of construction
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form
6a.
❑ Neuse ❑ Tar - Pamlico ® Other Cape Fear
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream
mitigation
(square feet)
(square feet)
Temporary T
name
required?
61 (#4) ❑ PET
Utilities -Bore Pit &
White Oak
❑ Yes
747
807
Temporary Construction
Creek
® No
B2 (#4) E:] P ®T
Utilities- Temporary
UT to White
❑ Yes
834*
0
Construction
Oak Creek
® No*
B3 ( #5) ❑ P ® T
Utilities -Bore Pit &
White Oak
❑ Yes
3,575
2,162
Temporary Construction
Creek
® No
6h Total buffer impacts
5,156
2,969
61. Comments *Asper 15A NCAC 02B .295(d), "the authority shall deduct from this total the area of any wetlands that
are subject to and compliant with riparian wetland mitigation requirements under 15 NCAC 02H.0506 and are located
within the proposed riparian buffer impact area."
Page 6 of 15

D. Impact Justification and Mitigation
1. Avoidance and Minimization
Page 7 of 15
PCN Form — Version 1 3 December 10, 2008 Version

la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project This project is a
proposed Wake County Public School site with a proposed offsite sanitary sewer line, an offsite domestic water line
and offsite reclaimed water line within the Town of Caryjunsdiction The existing project site includes three (3)
stream systems, two of which have adjacent wetlands and two (2) drained ponds The site is bounded by White
Oak Creek to the north, Green Level Church Road to the west, Roberts Road to the south, a future Town of Cary
park site to the east (north side) and a private residence to the east (south side)
The project proposes to construct only the required site athletic program elements and does not exceed the
minimum number of parking spaces for a public high school Impacts to the wetlands were minimized to the fullest
extent practicable by fully scrutinizing a master plan for the high school and utilizing 3 1 slopes and minimum
dimensions for parking spaces, drive aisles and utility separations. A four -story high school building is proposed to
minimize the development footprint and assist in minimizing impacts to the site. The proposed high school will
connect to the Town of Cary's public water and sanitary sewer lines. A sanitary sewer gravity line will be extended
north off the site and connect to the existing Town of Cary White Oak Sanitary Sewer Outfall This project will also
extend the Town of Cary's water main across the road frontage of the site. Water services for the school will
connect this public water main extension All design and construction shall abide by the Town of Cary standards
and specifications.
Impact 1 is a proposed permanent wetland impact necessary for a staff and visitor parking lot, and Impact 2 is a
proposed permanent wetland impact necessary for a student parking lot. As stated above, proposed parking
spaces meet the minimum number of spaces required for a public high school, utilizing 3.1 slopes and minimum
dimensions for parking spaces. Impacts 3 is a proposed permanent wetland impact necessary for access to the
student parking lot and a 10' wide gravel drive is necessary to connect the road stub and the existing gravel drive to
maintain the existing access easement to the Town of Cary Park property This road has been stubbed far enough
back from the property line to serve the student parking lot and allow flexibility in the design of the future road
extension once the park design has been refined and a proposed alignment has been selected The Town of Cary
Land Development Ordinance (LDO) Section 710.3(B) requires roadway interconnections to adjacent properties
that do not currently adjoin a public road Impact 4 are necessary impacts associated with road widening and a
domestic water line and reclaimed water line extension The proposed road widening will result in permeant
wetland impacts, this road widening is required by the Town of Cary and its Comprehensive Transportation Plan
The Town of Cary Comprehensive Transportation Plan - Roadway widths exhibit that was adopted on 0912512008
and updated on 1011012013 designates Green Level Church Road as a 4 -lane, landscaped median thoroughfare
Projects along proposed thoroughfares are required to construct half the full build -out width as part of their
construction. The proposed domestic water line and reclaimed water line extension will result in temporary wetland
impacts, with exception to the permanent maintenance corridor which will result in a permanent conversion of a
forested wetland to a maintained herbaceous wetland Impacts to White Oak Creek have been avoided by utilizing
the Jack and Bore construction method Additionally, impacts to the riparian buffers have been minimized by
boring under White Oak Creek Impact 5 are proposed temporary wetland impacts necessary for the offsite
sanitary sewer, this section connects the school site to the White Oak Creek Sanitary Sewer Outfall The proposed
sewer line will result in temporary wetland impacts, with exception to the permanent maintenance corridor which will
result in a permanent conversion of a forested wetland to a maintained herbaceous wetland. Impacts to White Oak
Creek have been avoided by utilizing the Jack and Bore construction method Both Impacts 4 & 5 impact areas will
be brought back to original contours and be re- vegetated with native species All stream impacts have been
avoided onsite and offsite
The applicant is aware of the regional conditions associated with Nationwide Permits 12, 14 & 39 With respect to utility line
activities (NWP 12- Regional Conditions section 4 0), the applicant is proposing the Bore & Jack method to avoid impacts to
streams and minimize impacts to wetlands, any temporary discharges into wetlands during construction activities will be kept to
minimum period of time and will be contained with appropriate erosion control methods, construction corridor proposed to be
varying widths, depending on sanitary sewer or water, however all less than 40' wide, utilities are not crossing the AIM,, the
utilities are not aenal communication lines or crossing navigable waters, the cleared wetlands within the construction corridor will
be re- vegetated with native species and the permanently maintained corridor has been minimized to 20' wide and a
compensatory mitigation plan has been provided (see section D 2), use of nprap will be avoided to the maximum extent
practicable With respect to linear transportation projects (NWP 14- Regional Conditions 4 0), the applicant is not proposing
stream relocations or stream crossings, is not proposing to utilize a NWP and create any upland for this project, and this project
is not, being proposed in tidal waters/wetlands With respect to institutional development conditions (NWP 39- Regional
Conditions section 4 0) there are no proposed impacts for strormwater management facilities, there are no permanent wetland or
stream fills proposed within the floodway/floodplain (utilizing NWP 14 for wetland fill at #4) and the stream classification for this
project is WS -IV, NSW (I a not Outstanding Resource Waters, High Quality Waters, Coastal Wetlands or wetland adjacent to
these waters) In addition, no stream impacts are necessary therefore rip -rap stabilization is not needed
8of15

1 b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The
project proposes the Installation of tree protection and temporary silt fence and other sediment control measures such as
diversion ditches, stone inlet protection and temporary sediment basins to protect the downstream buffers, streams and
wetlands Regular site Inspections will be performed by the design team to ensure the contractor Is In compliance with all
permits
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
® Yes ❑ No
The proposed permanent and temporary wetland impacts
are greater than 0 10 acre and therefore as per the Corps
NWP will require compensatory mitigation The proposed
2a
Does the project require Compensatory Mitigation for
Permanent/Conversion wetland impacts will result in a
impacts to Waters of the U S or Waters of the States
conversion of wetland function (i.e forested to
herbaceous) but not a permanent loss of wetlands The
applicant is proposing a 1 1 mitigation ratio for these
areas that will not result In a permanent loss however a
2.1 mitigation ratio for the permanent wetland impacts that
will result in a permanent loss.
2b
If yes, mitigation is required by (check all that apply)
❑ DWQ ® Corps
❑ Mitigation bank
2c
If yes, which mitigation option will be used for this
®Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4.
Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
® Yes
4b
Stream mitigation requested
0 linear feet
4c
If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
0 square feet
4e
Riparian wetland mitigation requested
1 18 acres
4f
Non- ripanan wetland mitigation requested
0 acres
4g
Coastal (tidal) wetland mitigation requested
0 acres
4h
Comments
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 9 of 15

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires buffer
❑ Yes ® No
mitigation'?
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required:
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
6h Comments 'Asper 15A NCAC 02B .295(d), "the authority shall deduct from this total the area of any wetlands
that are subject to and compliant with riparian wetland mitigation requirements under 15 NCAC 02H.0506 and
are located within the proposed riparian buffer impact area."
Page 10 of 15

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why Comments
The five proposed stormwater detention wetlands will provide 85% removal of Total
Suspended solids and stormwater treatment of the first 1 -inch run -off to provide
❑ Yes ® No
nitrogen and phosphorus reduction The applicant requests a conditional 401
Approval that would allow the Applicant to provide a copy of the approved plan and
Approval to the Division once approved by the Town of Cary
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project'?
28%
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
As per the project engineer The proposed H -7 High School is located along the western margin of Green Level Church
Road and the northern margin of Roberts Road The site is currently within the Town of Cary Limits The High School
project will impact approximately 70 acres both with on -site and off -site development
The site is within the Jordan Lake Watershed, the stormwater run -off from the site discharges to the north and west to
White Oak Creek Five stormwater detention wetlands are proposed in order to meet the Town of Cary's current
stormwater requirements The site peak stormwater discharges shall meet pre- development rates for the 1 -year, 2-year,
5 -year and 10 year 24 hour Design Storm events as well as providing 85% TSS removal and stormwater treatment of the
first 1 -inch run -off to provide nitrogen and phosphorus reduction The applicant requests a conditional 401 Approval that
would allow the Applicant to provide a copy of the approved plan and Approval to the Division once approved by the Town
of Cary
® Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
Town of Cary
® Phase II
3b
Which of the following locally - implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply)
® Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
Page 11 of 15
PCN Form — Version 1 3 December 10, 2008 Version

4b Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 12 of 15

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes ❑ No
use of public (federal /state) land?
lb
If you answered "yes" to the above, does the project require preparation of an
❑ Yes ® No*
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
'As per the project engineer
1 c
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter) Comments
2.
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after - the -fact permit application?
❑ Yes ® No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3.
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
We have reviewed the `Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and
Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version
2 1 The draft states that publically funded developments may or may not result in cumulative impacts. For
instance, the development of a regional, public park or new library is unlikely to result in cumulative impacts The
Green Level High School (H -7) project will be an institutional development Additionally, this project is located
within Town of Cary'sjurisdiction, therefore the adjacent properties that have potential for development will have
the following regulations to protect downstream waters 1) the Water Supply, Watershed Protection Program which
limits development densities as well as requires protective riparian buffers, 2) the Jordan Watershed Riparian
Buffer Protection regulations, these regulations require limited development within the riparian buffer area in
addition to "diffuse flow" requirements at a minimum, and could require Best Management Practices that control
nitrogen if diffuse flow cannot be achieved, and finally 3) the Phase ll NPDES Stormwater Permit Program, this
program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -
construction stormwater management requirements We anticipate that the DWR will advise us if any additional
information is needed
4.
Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility The Durham County Triangle Waste Water Treatment
Plant will be receiving the piped wastewater from the proposed project This plant is a regional facility that accepts
wastewater from a few municipalities including Cary, Morrisville and parts of Durham
Page 13 of 15
PCN Form — Version 1 3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
El Raleigh
5c If yes, indicate the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? S &EC completed a review of documented occurrences of federally protected species and significant natural
heritage areas within a 2 -mile radius of the project boundary This review was performed through the North Carolina
Natural Heritage Program (NHP) office located in Raleigh, North Carolina on January 13, 2014 These records were
reviewed utilizing the most recent version of available NHP G1S data (NHP 2014) The records review showed that no
federally protected species are located on the project site or within a 2 -mile radius of the site boundary A significant
natural heritage area, the White Oak Creek Floodplain, is located within a 2 -mile radius of the site boundary Proposed
off -site utilities will impact this floodplam
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitats
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? Project located in
Wake County. This project is not near any designated Essential Fish Habitat areas
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
A review of records maintained by the State Historic Preservation Office (SHPO) was performed online through the
HPOGIS web portal. These records show that the Lassiter Sloan House, designated WA -1015, is located on the north
side of Roberts Road on the project site The status of WA -1015 at the time of the records review was "Surveyed ", and
the house was not listed as being on the National Register of Historic Places, the Study List, or to have been Determined
Eligible for the list To follow -up, S &EC submitted an Environmental Review request to SHPO on February 20, 2014. A
response letter from SHPO indicated that they are not aware of any historic resources which would be affected by the
project See attached letter dated March 6, 2014
Additionally, a records search for areas of known or potential archaeological significance was performed at the Office of
State Archaeology (OSA) on January 13, 2014 by S &EC No documented archaeological sites are located within or
immediately adjacent to the project boundanes According to a personal communication from Ms. Susan Myers of OSA,
the eroded soil types on the project site make it unlikely that site contains archaeologically significant areas
Page 14 of 15

8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
® Yes ❑ No
8b If yes, explain how project meets FEMA requirements As per the project engineer The required road widening occurs in
the FEMA 100 -year floodplain A no nse /no impact flood study has been performed by SEPI Engineering Consultants
The utility crossing at White Oak Creek and its floodplam will be constructed per the Town of Cary standards, there is no
proposed rill or alteration of grades within the floodplain as a result of the sanitary sewer outfall Installation Following
installation, the disturbed areas shall be reseeded and stabilized
8c What source(s) did you use to make the floodplain determination? Project engineer and the NC FloodplaIn Mapping
Program
Deborah E. Shirley
' /�
February 10,
Applicant/Agent's Si ature
Applicant/Agent's Printed Name
2015
(Agent's signature is valid only if an authorization letter fro the applicant
Date
is provided )
Page 15 of 15

Environmental Consultants,
8412 Falls of Newt, Road, Suuc 104, Ralcigh, \C 27615 • Phrnu (919) 846 -590(1
aaiidm cxnn
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: Wake County Board of Education
Address: 5635 Dillard Drive, Crossroads Building 1
, NC 27518
Phone: [phone]
Project Name/ Description: H-7 High School S &EC Project # 12ZZ
Date. January 20, 2 014
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attu: �aClr S c�S���c ✓
Field Office: c 1 :,I,
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current ro r owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
sup-PIllemental information in support of applications, etc from this day forward The day of
Jc,,n 26 1,-1
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S &EC staff. You should call S &EC
to arrange a site meeting prior to visiting the site.
lei IV bo-A-Lrc
Print Property Owner's Name Prof ty Owner's Signa re
cr Ms Karen Higgins cc Mr, Steven Ball
NCDENR - DWQ WeSCAPe Soil & Environmental Consultants, PA
Archdale Building
512 N Salisbury Street, 91h Floor
Raleigh, NC 27604

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S
EC

I OF&OPY
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id 200803131 County Wake U S G S Quad Greenlevel, NC
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent Wake County Board of Education
Address Attn; Donald M. Haydon
1551 Rock Ouarry Rd
Raleigh, NC 27610
Telephone No 919 -856 -8230
Property description
Size (acres) 144 Nearest Town Cary
Nearest Waterway White Oak Creek River Basin Cane Fear
USGS HUC 03030004 Coordinates N 35.7771615 W - 78.8949688
Location description The H -7 Roberts Rd site is located in the northeast quadrant of the intersection of Roberts Rd
and Green Level Church Rd, in Cary, Wake County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) junsdiction To be considered final, a
jurisdictional determination must be verified by the Corps This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1)
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
X There are waters of the U S including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification
We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely
delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps
X The waters of the U S including wetland on your property have been delineated and the delineation has been venfied
by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed
and venfied by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification
There are no waters of the U S , to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA) You should contact the Division of Coastal Management in Washington, NC, at (252) 946 -6481 to determine
their requirements
Page 1 of 2

Action ID 2008 -03131
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this
determination and/or the Corps regulatory program, please contact at
C. Basis For Determination
Wetlands were determined using the Corps 1987 delineation manual. Streams were identified utilizing ordinary high
water mark as identified in the field
D. Remarks
E. Appeals Information (This information applies only to approved Jurisdictional determinations as indicated in
B above)
This correspondence constitutes an approved jurisdictional determination for the above described site If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this
determination you must submit a completed RFA form to the following address
District Engineer, Wilmington Regulatory Division
Attn Jean Manuele, Field Office Chief,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 3315, and that it has been received by the District Office within 60 days of the date of the NAP
Should you decide to submit an RFA form, it must be received at the above address by 3/23/2009
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence **
Corps Regulatory Official
Date 01/22/2009 Expiration Date 01/22/2014
The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at hM? //regulatory usacesurvey com/ to
complete the survey onlme
Copy famished
Withers & Ravenel
Attn Lucas Tuschak
111 MacKenan Dr
Cary, NC 27511
Page 2 of 2

If • 3
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
February 11, 2014
Steven Ball
S &EC
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
g
FEB 17 2014
BY Sal & Er v,rom ental Consultants, PA
John E. Skvarla, III
Secretary
Subject: Surface Water Determination Letter
NBRRO# 14 -023
Wake County
Determination Type
Buffer Call
Isolated or EIP Call
® Neuse (15A NCAC 2B 0233)
Start@
❑ Tar - Pamlico (15A NCAC 2B 0259)
Ephemeral /Intermittent/Perennial Determination
❑ Jordan (15A NCAC 213 0267)
❑ Isolated Wetland Determination
Project Name H7 Site, Cary
Location/Directions Project is for construction of school,
Subject Stream UT to White Oak Creek
Determination Date: February 7, 2014 Staff: Sara Knies
eature/Flag
E/1/P*
Not
Subject
Subject
Start@
Stop@
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Survev
USGS
To o
B
I
X
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Fla
B -Stop Flag
X
X
E
I
X
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of Pipe
Throughout
X
X
F
Pond
X
Confluence with E
I Throughout
X
X
G
Pond
X
X
X
H
Pond
X
X
X
I1
I
X
I1 -Start Flag
11 -Stop Flag
X
12
1
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SB02
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Fla
J -I/P Flag
X
J2
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Not
Present
X
X
.rte. — �: p��C�aerucisruermutemirerenntat
NorthCaroh a
Nam li
North Carolina Division of Water Resources 1628 Mad Service Center Raleigh, NC 27699 -1628 Phone [phone]
Internet www nmatemualdv ora Location 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportundy /Affirmabve Aaron Employer—W/o Recycled /10% Post Consumer Paper

Wake County
February 11, 2014
Page 2 of 2
Explanation The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 124,000 scale Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but still may be
considered. jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources
(DWR)
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWR or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service
Center, Raleigh, NC 27699.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Resources (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Resources (Central Office) at (919 )-807 -6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919 )-554 -4884.
If you have questions regarding this determination, please feel free to contact Sara Knies at (919) 7914200
Re lly,
Danny Smrt_ ; Supervisor
Water Quality Section
Raleigh Regional Office
cc RRO /SWP File Copy

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201,4 -01 -03 wnd :. rom

A47A
HC®EN
North Carolina Department of Environment and Natural Resources
Clean Water Management Trust Fund
Pat McCrory Bryan M Gossage
Governor Executive Director
Sandi Bailey
Facilities Planner
Town of Cary Transportation & Facilities
P O Box 8005, Cary, NC 27512 -8005
November 25, 2014
Re Exercising the right to construct utilities in easement, CWMTF Grant# 2004AO03
Ms Bailey,
John E Skvarla III
Secretary
Per the conditions outlined in easements recorded in Wake County in B 14133 P 1418 and B 11747 P2446, CWMTF has
reviewed your request and approves the utility corridors you have proposed in the attached map Although the usual
course of action in these cases is to remove those areas from easement area, because the easement language specifically
anticipate and allow for these activities, it will not be necessary to go through that step
Consider this letter and the attached approved CWMTF Easement Revision Form as your written approval to go ahead
with your plans Please send a finalized map or plat of the area once the work has been completed
Please feel free to contact me if you have any questions,
Sincerely,
jAr Will Summer
Director, Stewardship and Community Outreach
919- 707 -9127
Attachments CWMTF Easement Revision Form, email and map
Clean Water Management Trust Fund
1651 Mail Service Center, Raleigh NC 27699 -1651
Phone [phone] FAX 919 - 707 -9121 1 http Nwww cwmtt net
An Equa. Opportunity 1 Affirmative Actwn Employer
ForthCaro ina
JVat mulls,

CWMTF EASEMENT REVISION FORM
Per protocol adopted 6/2/2014
Project Number
2004A -003
Project Name
Town of Cary - White Oak Greenway
Date of Request
7/22/2014
Easement County
Wake
Wake
Book
1
14133
1 11747
Page
1418
2446
Explanation of request (maps and other supporting documents attached)
Wake County is proposing to construct a high school at the corner of Green Level Church Road and
Roberts Road. The resulting construction will involve 1) widening of Green Level Church Road and
greenway, resulting in a level spreader impacting - 25 acres, and 2) a sewer easement impacting - 6
acres over two CWMTF easements The latter impact is perpendicular to the stream and appears to
minimize impact to the amount of area within the easement
Staff recommendation
Per language in the easement, the utilities are expressly permitted, with approval by the Fund The
impact of all improvements appears to be minimized near the stream
Of note. the first listed easement (above) is not a State -held easement, but does still require approval by
the Fund, per easement language The latter of the two is a State -held easement and also requires
CWMTF approval Because the easement area and language will not change and this is an allowed right,
there will be no involvement of the State Property Office or Council of State required
aSta`ff`Levelmd�6° ° ..a, Y d : --
.xm v�'g• 8 - °4a SX:
Do amendments addressed in this request pertain only to correcting
technical errors?
Dyes DNo NN /A
If this is a public works project, does this project run perpendicular to the
stream and have minimal area disturbed?
NYes DNo 11 N/A
If either of the above questions is "Nil; then the request must be approved by the Board and this form
signed by the Chairman
Approval Position
Name
Signatunit.
Date
Stewardship Director
Will Summer
I
Deputy Director
Bill Crowell
Executive Director
Bryan M Gossage
f =,
.e .r -re' -a�
Board leyel,(if necessary "a per_> easement revision_
-�.a+. -r �t ,rip i t^xt aye, eey d^ o R
protocol) _ 6
Did the board take action on this request?
Dyes NNo
Board recommendation
Board approval date
Approval Position
Name
Signature
Date
Chairman

Summer, Will
From: Sandi Bailey < Sandi Bailey @townofcary org>
Sent: Tuesday, July 22, 2014 4 23 PM
To- Summer, Will
Cc Juliet Andes
Subject: 2004A -003A
Attachments: CO 0 OVERALL PLAN pdf
Hi, Will
Thanks so much for speaking with me earlier As we talked about, Wake County is proposing to construct a high school
at the corner of Green Level Church Road and Roberts Road in the western part of the county and Cary The Town
purchased a conservation easement over the portion of this property along White Oak Creek, with funding from
CWMTF, and the Town holds the conservation easement (DB14133 GP1418). I cannot locate an assignment to the State
for this easement and thought I recalled that the Town was to hold it rather than State Perhaps your records can
confirm or deny that ?
The high school plans include road widening and a greenway trail along Green Level Church Road along with a
corresponding level spreader which will encroach into the CE by approximately X acre or less They are also proposing a
sewer connection across White Oak Creek to the existing line along the north side of the creek This will also require an
approximate % acre encroachment into the CE on their property When we spoke I forgot to mention the remainder of
that utility easement which will encroach into a separate CE on the parcel north of the creek That parcel was purchased
by the Town and CE conveyed to the State (DB11747 PG2446) Seethe attached pdfs of the high school plans that have
been submitted thus far CEs are outlined in red, and encroachments outlined in blue An overall sketch is at bottom of
email
The recorded easements allow for greenway and utility construction but do require prior approval of the Fund Please
let us know what information you may need and what process we need to follow to pursue approval of these
encroachments
Thanks so much
Sandi Bailey
Facilities Planner
Town of Cary Transportation & Facilities
P O. Box 8005, Cary, NC 27512 -8005
Ph 919 - 380 -2135
Please note that email sent to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.

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BKOWUPG01418
WAKE COUNTY. NC 88
LAURA N RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
10/29/2010 AT 09:57:08
800K:014133 PAGE:01418 ^ 01441
Nte -i ed bN° I o% %n of Caiv and Clan Water Management TnLst fund
After Rewording, I ]old for Wcathe►slmn & Voltz LLP (Box 36)
STATE OF NORTH CAROLINA PIN: 0723.02- 964723, 0733.014)640430
and 0733 014)6.6539
COUNTY OF WAKE CMIAM Grant No. 2004A -003A
AMENDED AND RESTATED CONSERVATION EASEMENT
WAKE COUNTY BOARD OF EDUCATION TRACTS
THIS AMENDED AND RESTATED CONSERVAT,I,OQN EASEMENT ( "Conservation
Easement ") is made and effective as of this 2TO'day of-�+g ,`2010, by and between WAKE
COUNTY BOARD OF EDUCATION, a body politic, with an address at Facilities Building, 1551
Rock Quarry Road, Raleigh, North Carolina 27610 ( "Grantor'), and TOWN OF CARY, a North
Carolina municipal corporation organized and existing under the laws of the State of North Carolina,
with an address at 316 N Academy Street, Cary, North Carolina 27513 (the "Town" or "Grantee ")
RECITALS AND CONSERVATION PURPOSES
WHEREAS, Grantor is the sole owner in fee simple of those certain tracts of real
property containing 76 96 acres, more or less, located in White Oak Township, Wake County,
North Carolina (hereinafter the "Property'), pursuant to those instruments recorded in Book
13327, Page 1146, and Book 13327, Page 1154, Wake County Registry, and as more particularly
described in Exhibit A attached hereto and by this reference incorporated herein, and
WHEREAS, the State of North Carolina has enacted the Uniform North Carolina
Conservation and Historic Preservation Agreements Act (the "Act"), Chapter 121, Article 4 of the
North Carolina General Statutes C NCGS "), which provides for the enforceability of restrictions,
easements, covenants or conditions "appropriate for retaining land or water areas predominantly in
their natural, scenic, or open condition ", and
Ct VN" NO.2004A-003A

BKOWUPG01419
WHEREAS, a portion of the Property is currently subject to that certain Conservation
Easement recorded in Book 10792, Page 1026, Wake County Registry, the benefits of which
were assigned to the Town by instrument recorded in Book 10797, Page 2235, Wake County
Registry (collectively, the "Original Easement "), and
WHEREAS, the parties hereto desire to amend and restate the Original Easement to,
among other things, reflect a change in the portion of the Property subject to the conservation
easements contained therein, and
WHEREAS, Grantor and Grantee have agreed to set aside 20 43 acres of the Property (as
described herein below and hereinafter referred to as the "Easement Area "), for the purpose of
creating a Conservation Easement to preserve, enhance, restore, and maintain the natural features and
resources of the Easement Area, to provide habitat for native plants and animals, to improve and
maintain water quality, and to control runoff of sediment (hereinafter the "Conservation Values "),
and
WHEREAS, the Easement Area is depicted on a survey dated August 17, 2010, entitled
"Conservation Easement — Town of Cary and NC Clean Water Management Trust Fund
#2004A- 003 ", prepared by Withers & Ravenel and further described in Exhibit B attached
hereto and by this reference incorporated herein, and
WHEREAS, the Grantee will receive and be the Holder of tlus Conservation Easement as the
term "Holder" is defined in the Act, and
WHEREAS, Grantor and Grantee recognize that the Easement Area is located adjacent to the
White Oak Creek and its tributaries, and the Easement Area has been deemed by the State of North
Carolina to qualify as a riparian buffer, addressing the cleanup and prevention of pollution of the
State's surface waters, and the establishment of a network of riparian buffers Moreover, Grantor and
Grantee recognize that the Easement Area has other conservation values including fish and wildlife
conservation, open space and scenic values, and
WHEREAS, the Clean Water Management Trust Fund ( "Fund'), with an address at 1651
Marl Service Center, Raleigh, North Carolina 27699 -1651, is an agency of the State of North Carolina
and is authorized by Article 18, Chapter I I 3 of the General Statutes of North Carolina (N C G S ) to
finance projects including conservation easements for riparian buffers for the purposes of providing
environmental protection for surface waters and urban drinking water supplies, and
WHEREAS, the Town has been awarded a giant from the Fund ( "Grant') for acquisition of
the- Conservation Easement in consideration of which Town has agreed that the Easement Area will be
conserved and managed in a manner that will protect the quality of waters of the White Oak Creek
and otherwise promote the public purposes authorized by NCGS Chapter 113A, Article 18„
"N.C.G.S. "), and
WHEREAS, the Grantor, Grantee and Fund (collectively referred to herein as the "Parties')
acknowledge and agree that Grantee will accept this Conservation Easement and be the Holder
thereof, and
CWMTF NO.2004A4)M 2

BKOWUPG01420
WHEREAS, Grantor and Grantee acknowledge that the characteristics of the Easement Area,
its current use and state of improvement are described in Exhibit C. which is the appropriate basis for
monitoring compliance with the objectives of preserving the conservation and water quality values,
and that the Exhibit C is not intended to preclude the use of other evidence (e g surveys, appraisals)
to establish the present condition of the Easement Area if there is a controversy over its use,
NOW, THEREFORE, in consideration of the premises and the mutual benefits recited herein,
together with other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties hereto, the Grantor hereby unconditionally and irrevocably gives, grants
and conveys forever and in perpetuity to the Town, its respective successors and assigns, and the
Town hereby accepts, a Deed of Conservation Easement of the nature and character and to the extent
hereinafter set forth in, over, through and across the Easement Area, together with the right to preserve
and protect the conservation values thereof as described in the Recitals herein
The purposes of tins Conservation Easement are to provide environmental protection for
surface waters and to protect the wildlife and natural heritage values and it shall be so held,
maintained, and used therefore It is the further purpose of this Conservation Easement to prevent any
use of the Easement Area that will significantly impair or interfere with the preservation of said
conservation values Grantor intends that this Conservation Easement will restrict use of the Easement
Area to such activities as are consistent with the conservation values described in the Recitals herein
THIS CONSERVATION EASEMENT SUPERSEDES AND REPLACES THE ORIGINAL
EASEMENT IN ITS ENTIRETY
ARTICLE I. DURATION OF EASEMENT
This Conservation Easement shall be perpetual It is an easement in gross, nuns with the land,
and is enforceable by Grantee against Grantor, its representatives, successors, assigns, lessees, agents
and licensees
ARTICLE II. RIGHTS RESERVED TO GRANTOR
Grantor reserves rights accruing from fee supple ownership of the Easement Area, including
the right to engage in or permit others to engage in uses of the Easement Area that are not inconsistent
with the purpose(s) of this Conservation Easement All rights reserved by Grantors are reserved for
Grantors, their representatives, successors, and assigns, and are considered to be consistent with the
conservation purposes of this Conservation Easement Except for the specific rights granted to the
Town, and the restrictions and prohibitions made applicable herein to the Conservation Easement,
Grantor shall continue to own and may use the Easement Area in any lawful manner
CWNW NO. MU MA

BKO14133PGO1421
ARTICLE Ii1. RIGHTS GRANTED TO TOWN
The rights granted to the Town, and set forth below, are granted to the Town, its successors,
assigns, agents, contractors, and citizens, and are considered to be consistent with the conservation
purposes of this Conservation Easement The following rights are expressly granted
A Passive Recreational Use The Parties agree and acknowledge that the Town is granted
the right to engage in and to permit others to engage in passive recreational uses of the Easement Area
as indicated by Town's "Parks, Recreation and Cultural Facilities Master Plan" adopted December 11,
2003, and amendments thereto, requiring muumum surface alteration of the land, so long as related
alterations, construction, improvements, maintenance, activities and uses pose no threat to the
Conservation Values of the Easement Area and so long as the balance of the Property is not disturbed
by the Grantee
B Public Use and Access The Parties hereto agree and acknowledge that the Town is
granted the right to allow public access and use of the Easement Area for the purpose of creating a
public greenway with associated recreational activities, including, without limitation, conducting
educational tours, scientific study, aruinal/plant observation, walking, biking, fishing, and any other
purposes consistent with these accepted uses and maintaining conservation values To accomplish the
above uses, the Town may construct a greenway, observation/viewing platform(s), landscaping
screening, and allowable utility improvements, as approved by the Fund All improvements shall be
subject to the prior approval of the Fund
C Greenwa, Ty rails The Parties hereto agree and acknowledge that the Town is granted the
right to construct and maintain a paved or unpaved greenway within the Easement Area The
greenway must be located at a minimum distance of one hundred (100) feet from the top of the bank
of White Oak Creek, unless such locations are physically impracticable In the construction of the
greenway, and when required by the ter am, boardwalks, bridges over tributaries of White Oak Creek,
ramps, handrails, and steps are permitted herein The Town may also construct and maintain park
benches, litter receptacles, and trml /feature/educational signs along the greenway Construction of
such features shall comply with all applicable local, state and federal sedimentation and erosion
control measures
D Observation/Viewing Platform The Parties hereto agree and acknowledge that the
Town is granted the right within the Easement Area to construct, maintain, and repair
observation/viewing platform(s) with optional bench seating, handrails, connecting steps and
ramp as required by the terrain to be located along White Oak Creek, provided said platform(s)
is /are connected to the greenway permitted herein Construction of such features shall comply
with all applicable local, state and federal sedimentation and erosion control measures
E Mowing and Landscaping Superintendents The Parties hereto agree and
acknowledge that the Town is granted the right to maintain its lawn and landscaping design plan
in accordance with established practices as long as proper management practices are
implemented in order to preserve and protect the water quality of White Oak Creek and its
tributaries The Town is granted the right to perform all activities necessary within the Easement
Area to limit erosion, reduce runoff, filter sediment, and reduce mowing while minimizing risk
CWW" No. 2004a4o03u 4

8KC14133POO1422
to the Easement Area and the environment Areas subject to periodic mowing or clearing for
purposes of maintenance, inspection or repair of all improvements shall be maintained at the
minimum level consistent with applicable regulatory requirements Outside of such areas, the
Town shall take steps as appropriate to encourage and promote natural forest and vegetative
succession In order to accomplish these actions, Town agrees to implement Best Management
Practices, as provided by the Land Quality Section, Division of Land Resources, North Carolina
Department of Environment and Natural Resource
F Easement Area Maintenance The Town is granted the right to maintain and will
maintain greenways (including any Town constructed paved or unpaved trails and mmimum shoulder
on either side of trail), viewing platforms and any Town owned utility lines in accordance with
standard Town practices and according to the regulations of local and state governing authorities
This may include the cutting of any trees deemed by the Town to be potentially hazardous to the
public and may or may not include removal of said trees The Town shall periodically remove litter
from the Easement Area except as caused by or deposited by Grantor and/or Grantor's mvitees and
permittees, in which case removal shall be Grantor's responsibility
G Early Successional Habitat Areas The Parties agree and acknowledge that the Town is
granted the right to maintain existing areas within the Easement Area to be maintained in early
successional habitat for the purpose of providing habitat diversity for wildlife species This
maintenance may include the planting of various grasses, forbs, and herbaceous vegetation and/or
mowing and the use of selective and Fund approved chemicals to impede succession to woody
vegetation
H Natural Community Restoration The Parties hereto agree and acknowledge that the
Town at its sole costs and expense is granted the right to perform all activities necessary to restore the
natural plant and animal communities within the Easement Area
I Encroachment for Existing and New Utilities The Parties acknowledge that the Town
may in the future be required to construct, maintain and repair new and existing utility unprovements
upon the Easement Area subject to this Conservation Easement The Town agrees that such
construction area shall be conducted and minimized to include only that portion of the Easement Area
that is at least one hundred (100) feet from the top of the bank of White Oak Creek except where
specifically approved by the Fund All such improvements and uses shall nummize adverse impacts
upon the Conservation Values of the Easement Area and shall otherwise be subject to the guidelines
of the Fund and all regulatory requirements and approvals The sanitary sewer Imes and the
wastewater collection system shall be maintained according to the regulations of local and state
governing authorities and further subject to any permits issued by the Department of Environment and
Natural Resources, Division of Water Quality to the Grantor
J Aquatic Ecosystem Restoration The Parties hereto agree and acknowledge that the Town
is granted the perpetual and assignable right to contract with the U S Army Corps of Engineers
( "Corps ") to construct, operate and maintain channel improvement works on, over, and across that
portion of the Easement Area described herein as that certain area of land which is measured two
hundred ten (210) feet from and runiung parallel with the centerline of the creek of White Oak Creek
as existing and depicted by that certain survey prepared by Withers & Ravenel entitled "Conservation
CWW" NO.2004AO03A 5

BKO14113PGO1423
Easement — Town of Cary and NC Clean Water Management Trust Fund #2004A -003" dated
July 30, 2009, and further described by Exhibit B attached hereto The Grantor agrees and
acknowledges that the Town reserves the right to enter into a Temporary Construction and Access
Easement with the Corps for those purposes authorized by the Water Resources Development Act of
1996, including the right to clear, cut, fell, remove and dispose of any and all timber, trees,
underbrush, buildings, improvements, and/or other obstructions therefrom, to excavate, dredge, cut
away, and remove any or all of said land and to place thereon dredge or spoil material, and for such
other purposes as may be required in connection with said work of improvement, reserving, however,
to the Town, their successors and assigns, all such rights and privileges as may be used without
interfering with or abridging the rights and easement acquired, subject however, to existing easements
for public roads and highways, public utilities, railroads and pipelines Town agrees to submit to the
Fund the aforesaid Temporary Construction and Access Easement for approval prior to its agreement
with the Corps Approval shall not be unreasonably derued Furthermore, Town agrees to provide
interim and final reports during and upon the completion of the contemplated constructed herein to the
Fund for approval and review Any required mitigation will be accommodated on the wetland sites
There will be no off -site lands required for mitigation purposes under this Conservation Easement
Upon the completion of the aforementioned construction, the Town agrees to return or oversee the
return of the affected Easement Area to a vegetated state and to a manner that does not materially
dimuush the wooded, open space character and scenic and natural qualities of the Easement Area as
compared to those conditions existing on the date ofdus Conservation Easement
K Breach by Town Upon any breach of the terms of this Conservation Easement by the
Town in connection with the construction of the greenway, viewing platform, utility improvements or
the road widening that comes to the attention of the Grantor, the Grantor shall immediately notify the
Town in writing of such breach The Town shall have ninety (90) days after receipt of such notice to
correct the conditions constituting such breach If the breach remains uncured after ninety (90) days,
the Grantor may enforce this Conservation Easement by appropriate legal proceedings including
damages, injunctive and other relief Nothing contained in this Conservation Easement shall be
construed to entitle Grantor to bring any action against Town for any injury or change in the Easement
Area caused by thud parties, resulting from causes beyond the Town's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by
the Town under emergency conditions to prevent, abate, or mitigate significant injury to life, damage
to Easement Area or harm to the Easement Area resulting from such causes, nor shall dus apply to any
action of Town not in connection with the construction activities set forth above Notwithstanding the
foregoing, the Grantor 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
Grantor would be irreparable and remedies at law will be inadequate The rights and remedies of the
Grantor provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies
available to Grantor in connection with this Conservation Easement
Any costs incurred by Grantor in enforcing the terms of this Conservation Easement against
the Town, including, without limitation, any costs of restoration necessitated by the Town's acts or
omissions determined by a court of competent jurisdiction to be in violation of the terms of this
Conservation Easement, shall be bome by the Town The provisions of this paragraph apply only
CVWW" NO. 2004A-003A 6

BK0141331` 01424
between Town and Grantor and only as to the Town's rights to construct as provided above These
provisions shall not apply to any assignee of the Town or any other party The Town's nghts in the
event of any breach by the Grantor are set forth in Article V
Notwithstanding the foregoing, the total cleared, and not re- vegetated, pervious and impervious
surface areas associated with all aforesaid improvements shall not exceed ten (10) percent of the total
area of all proposed Easement Areas to be acquired under the aforementioned Grant The Town of
Cary shall have the right and duty to maintain the Easement Area in a clean, natural and undisturbed
state, consistent with the terms of this Conservation Easement and all applicable land use regulations,
and other applicable laws and ordinances Furthermore, Grantor and Grantee have no right to agree to
any activity that would result in the termination of this Conservation Easement.
ARTICLE IV. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Easement Area inconsistent with the purposes of this
Conservation Easement is prohibited The Easement Area shall be maintained in its natural, scenic,
wooded and open condition and restricted from any development or use that would impair or interfere
with the conservation purposes of this Conservation Easement set forth above
Except for those rights specifically granted to Grantor in Article II and to the Town in
Article III and without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited or restricted in the Easement Area. Exceptions to the prohibitions and
restrictions listed herein are reserved to the Town or to the Grantor upon the express, written
consent by the Town and Fund.
A Industrial and Commercial Use Industrial and commercial activities and any right
of passage for such purposes are prohibited on the Easement Area
B Agricultural, Timber Harvesting, Grazing and Horticultural Use Agriculture,
timber harvesting, grazing, horticultural and animal husbandry operations and any right of passage
for such purposes are prohibited on the Easement Area
C Disturbance of Natural Features, Plants and Animals There shall be no cutting or
removal of trees, or the disturbance of other natural features within the Easement Area except for
the following (1) as incidental to boundary marking, signage, (2) selective cutting and prescribed
burning or clearing of vegetation, (3) the application of mutually approved pesticides for fire
containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or
control of non - native plants in accordance with all applicable local, state and federal regulations and
State best management practices, (4) animal control to the extent necessary to keep the animal
population within numbers consistent with the ecological balance of the area and as pursuant to
federal, state and local rules and regulations and (5) fishing pursuant to applicable rules and
regulations
D Construction of Buildings and Recreational Use 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
CWWF NO.2004MMA 7

OK014133PGO1425
permanent structure or facility on or above the Easement Area except for the following placement
and display of no trespassing signs, local, state or federal traffic or sirrular informational signs, for sale
or lease signs, signs identifying the conservation values of the Easement Area, and/or signs identifying
the Grantor as owner of the Easement Area, Town as holder of this Conservation Easement, and Fund
as the source of funding for the acquisition of the Conservation Easement, educational and
interpretative signs, identification labels or any other similar temporary or permanent signs
E Mineral Use, Excavation, Dreduina There shall be no filling, excavation, dredging,
mining or drilling, no removal of topsoil, sand, gravel, rock, peat, nunerals or other materials, and no
change in the topography of the land in any manner except as necessary for the purpose of combating
erosion or incidental to any conservation management activities otherwise permitted in the Easement
Area
F Wetlands and Water Oualrri There shall be no pollution or alteration of water bodies
and no activities that would be detrimental to water purity or that would alter natural water levels,
drainage, sedimentation and/or flow in or over the Easement Area or into any surface waters, or cause
soil degradation or erosion nor diking, dredging, alteration, draining, filling or removal of wetlands,
except activities to restore natural hydrology or wetlands enhancement as permitted by state and any
other appropriate authorities
G Dumain a Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, or machinery, or other materials on the Easement Area is prohibited
H Conveyance and Subdivision The Parties recognize that Grantor may wish to subdivide,
partition, or convey the Property, subject to the ordinances and regulation of the Town The Easement
Area itself cannot be subdivided or separated from the remainder of the Property The Parties
acknowledge that the Easement Area may be recombined into one parcel, but shall not be further
subdivided, partitioned nor conveyed
I Mitigation There shall be no use of the Easement Area or any portion thereof to
satisfy compensatory mitigation requirements under 33 U S C Section 1344 or N C G S 143 -214 11
ARTICLE V. ENFORCEMENT AND REMEDIES
A Enforcement To accomplish the purposes of this Conservation Easement, Grantee is
allowed to prevent any activity on or use of the Easement Area that is inconsistent with the purposes
of this Conservation Easement and to require the restoration of such areas or features of the Easement
Area that may have been 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,
except as provided below, notify the Grantor in writing of such breach The Grantor shall have ninety
(90) days after receipt of such notice to correct the conditions constituting such breach If the breach
remains uncured after runety (90) days, the Grantee may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief The Grantee shall also
have the power and authority, consistent with its statutory authority (a) to prevent any impairment of
the Easement Area by acts which may be unlawful or in violation of this Conservation Easement, (b)
to otherwise preserve or protect its interest in the Easement Area, or (c) to seek damages from any
appropriate person or entity Notwithstanding the foregoing, the Grantee reserves the unmediate right,
CYYNt7F NO. 2004 4003A

BKO14133POO1426
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 rights and remedies available to Grantee in connection with this
Conservation Easement
B Right of Entry and Inspection Grantee, its employees and agents and its successors and
assigns, have the right of entry onto the Easement Area for the purpose of inspecting the Easement
Area to determine whether the Grantor, Grantor's representatives, or assigns are complying with the
terms, conditions and restrictions of this Conservation Easement, and for those purposes set out in
Article III Because the Easement Area directly adjoins the public right of way of Green Level
Church Road, access to the Easement Area is available from such road without the necessity of
crossing the remainder of the Property, and Grantee and Grantor therefore intend that Grantee will
access the Easement Area from such road, and/or from the location of parking shared by the Town
and Grantor which may be located on the Property Grantee, its employees and agents and its
successors and assigns shall also have the right to cross the Property between any such shared parking
and the Easement Area, in order to access Easement Area Grantor will not do anything to interfere
with or otherwise cause the loss of such access
C Changed Conditions. The grant or donation of this Conservation Easement gives rise to
a property right immediately vested to Grantee, with a fair market value equal to the proportionate
value that the Conservation Easement bears to the value of the Property as a whole That proportionate
value of Grantee's property rights shall remain constant If a change in conditions occurs, which
makes impossible or unpractical any continued protection of the Easement Area for conservation
purposes, the restrictions contained herein may only be extinguished by judicial proceeding The
Grantee, its successors and assigns, shall be entitled to a portion of the proceeds of any sale, exchange,
involuntary conversion of the Easement Area, or any damage award with respect to any judicial
proceeding. Upon such proceedings, such portion shall be equal to the proportionate value that
Grantee's, its successors' and assigns', interest in the Easement Area bears to the value of the
Property as a whole as of the date of the recording of this Conservation Easement "Proceeds of
Sale" shall mean the cash value of all money and property paid, transferred or contributed in
consideration for, or as otherwise required as a condition to the sale, exchange or involuntary
conversion of the Conservation Area, or any damages otherwise awarded as a result of judicial
proceeding, minus the Grantor's expenses from such transaction or proceeding Grantee, its
successors and assigns, shall use its share of the proceeds of sale in a manner consistent with the
conservation purposes set forth herein
D Condemnation Whenever all or part of the Easement Area is taken by exercise of
eminent domain by public, corporate or other authority, or by negotiated sale in lieu of condemnation,
so as to abrogate the restrictions Imposed by this Conservation Easement, the Grantor shall
immediately give notice to Grantee and the Fund, and shall take all appropriate actions at the time of
such taking or sale to recover the full value of the taking and all incidental or direct damages resulting
from the taking, which any proceeds recovered in such actions shall be divided in accordance with the
proportionate value of Grantor's and Grantee's interests as specified herein, all expenses including
CWW F NO.20041M003A 9

BKO14133PGO1427
attorneys' fees incurred by Grantor and Grantee in such action shall be paid out of the recovered
proceeds to the extent not paid by the condemning authority The Grantee, its successors and assigns,
shall be entitled to a portion of the proceeds of such sale, exchange, involuntary conversion of the
Easement Area, or any damage award with respect to any judicial proceeding. Such portion shall be
equal to the proportionate value that Grantee's, its successors' and assigns' interest in the
Easement Area bears to the value of the Property as a whole as of the date of the recording of
this Conservation Easement. "Proceeds of Sale" shall mean the cash value of all money and
property paid, transferred or contributed in consideration for, or as otherwise required as a condition to
the sale, exchange or involuntary conversion of the Conservation Area, or any damages otherwise
awarded as a result of ,judicial proceeding, minus the Grantor's expenses from such transaction or
proceeding Grantee, its successors and assigns, shall use its share of the proceeds of sale in a manner
consistent with the conservation purposes set forth herein
E Acts Beyond Grantor's Control 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
Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good
faith by the Grantor under emergency conditions to prevent, abate, or rrutigate significant injury to
life, damage to Easement Area or harm to the Easement Area resulting from such causes
F Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
Conservation Easement against Grantor, including, without limitation, any costs of restoration
necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement,
shall be borne by Grantor
G No Waiver Enforcement of tlus Conservation Easement shall be at the discretion of the
Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of
any term set forth herem shall not be deemed or construed to be a waiver by Grantee of such term or
of any subsequent breach of the same or of any other term of this easement or of Grantee's rights No
delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or
be construed as a waiver
H State's Right of Entry and Thud Party Right of Enforcement in the event that the
Grantee fails to enforce any of the terms of this Conservation Easement, the State acting by and
through the Fund shall have the independent right to enforce the terms of this Conservation Easement
through any and all authorities available under state law To exercise this right, the State acting by and
through the Fund shall have a right of entry from Green Level Church Road (SR 1600) over, upon and
across all Easement Areas and back to Green Level Church Road (SR 1600), and/or over, upon and
across the Property from the location of any parking areas shared by the Town and Grantor, to the
Easement Area, for the purposes of monitoring and enforcing the Conservation Easement Any
forbearance by the State to exercise this third party right of enforcement shall not be deemed or
construed to be a waiver by the State of such right in general or with respect to a specific violation of
any of the terms of this Conservation Easement
CVVN" NO. Y[ UMMA 10

BK0141331'G01428
ARTICLE VI. DOCUMENTATION AND TITLE
A Easement Area Condition The parties acknowledge that the Easement Area is
undeveloped, with no improvements other than as described in Exhibit C and easements and rights of
way of record
B Title The Grantor covenants and represents that the Grantor is the sole owner and is
seized of the Easement Area in fee simple and has good right to grant and convey the aforesaid
Conservation Easement, that there is legal access to the Property and the Easement Area, that the
Easement Area is free and clear of any and all encumbrances, except easements and rights of way of
record, none of which would nullify, impair or lumt in any way the terms or effect of this
Conservation Easement, Grantor shall defend its title against the claims of all persons whomsoever,
and Grantor covenants that the Grantee, its successors and assigns, shall have the right to monitor and
defend the terms of the aforesaid Conservation Easement
ARTICLE VII. MISCELLANEOUS
A Subsequent Transfers of the Fee Grantor agrees for itself, its successors and assigns,
that in the event it transfers the Property, or any portion thereof, to include the Easement Area
described herein, to notify the Grantee and the Fund in writing of the names and addresses of any
party to whom the Property is to be transferred at or prior to the time said transfer is consummated
Grantor, for itself, its successors and assigns, further agrees to make specific reference to this
Conservation Easement in a separate paragraph of any subsequent lease, deed, or other legal
instrument by which any interest in the Property or portion thereof that includes the Easement Area is
conveyed
B Subsequent Transfers of the Conservation Easement The Parties hereto recognize and
agree that the benefits of this Conservation Easement are in gross and assignable The Parties hereby
covenant and agree, that in the event this Conservation Easement is transferred or assigned, the
transferee or assignee of the Conservation Easement will be (1) a qualified organization as that term
is defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, or any successor
section, and the regulations promulgated thereunder (the "Internal Revenue Code ") which is organized
or operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the
Internal Revenue Code, (2) a qualified recipient of grant monies from the Fund as described in NCGS
Chapter I I3A, Article 18, and (3) a qualified Holder as that term is defined in the Act The Parties
further covenant and agree that the terms of the transfer or the assignment will be such that the
transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes
that the contribution was originally intended to advance as set forth in the Recitals herein Grantee,
its successors or assigns, hereby covenants and agrees to monitor and observe the Easement Area in
perpetuity for such purposes set forth by this Conservation Easement
C Existing Responsibilities of Grantor and Grantee Not Affected Other than as specified
herein, this Conservation Easement is not intended to impose any legal or other responsibility on the
Grantee, or in any way to affect any existing obligation to the Grantor as owner of the Property, which
includes the Easement Area Among other things, this shall apply to
CWNtiF NO.2004A-003A 11

8KO14133POO1429
(l) Taxes The Grantor shall continue to be solely responsible for payment of all taxes
and assessments levied against Grantor's interest in the Property (inclusive of the
Easement Area) If the Grantee is ever required to pay any taxes or assessments
on Grantor's interest in the Property or Easement Area, the Grantor will reimburse
the Grantee for the same
(2) Upkeep and Maintenance Except as provided in Article III above, the Grantor
shall continue to be solely responsible for the upkeep and maintenance of the
Easement Area, only to the extent it may be required by law Except as provided
in Article III above, the Grantee shall have no obligation for the upkeep or
maintenance of the Easement Area
D Conservation Purpose
(1) Grantor and Grantee, for itself, its successors and assigns, agree that this
Conservation Easement shall be held exclusively for conservation purposes set
forth by this Conservation Easement and as specified in Section 170(h)(4)(A) of
the Internal Revenue Code
(2) The Parties recognize and agree that should a greenway be located within the
Easement Area now or in the future, it will be a public greenway and will be open
for public entry and use, and shall be open to entry and use equally by all persons,
regardless of race, color, creed, sex, national origin, or residence, subject to
reasonable, published and posted rules governing use of the Easement Area by the
Grantee, its successors and assigns, as approved by the Fund, and consistent with
the conservation purposes provided by this Conservation Easement
(3) Tlus Conservation Easement shall be construed to promote the purposes of the
North Carolina enabling statute set forth in N C G S 121 -34 et se9 which
authorizes the creation of conservation agreements for purposes including those
set forth in the Recitals herein, and the conservation purposes of this Conservation
Easement, including such purposes as are defined in Section 170(h)(4)(A) of the
Internal Revenue Code
E Recording Grantee shall record this instrument and any amendment hereto in timely
fashion in the official records of Wake County, North Carolina, and may re- record it at any time as
may be required to preserve Grantee's rights
F Notices All notices, requests or other communications perrmtted or required by this
Conservation Easement shall be sent by registered or certified marl, return receipt requested,
addressed to the parties as set forth above, or to such other addresses such party may establish in
writing to the other All such items shall be deemed given or made three (3) days after being placed in
the United States marl as herein provided In any case where the terms of this Conservation Easement
require the consent of any party, such consent shall be requested by written notice Such consent shall
be deemed denied unless, within ninety (90) days after receipt of notice, a written notice of approval
and the reason therefore has been marled to the party requesting consent
G Amendments Grantor and Grantee are free to jointly amend this Conservation
Easement to meet changing conditions, provided that no amendment will be allowed that is
CWNFTF NO.2004A-0O3A 12

BKO14133PGO1430
inconsistent with the purposes of this Conservation Easement or affects the perpetual duration of this
Conservation Easement Such amendment(s) require the written consent of both Grantor and Grantee
and shall be effective upon recording in the public records of Wake County, North Carolina
H Environmental Condition of Easement Area The Grantor wan-ants, represents and
covenants to the Grantee that to the best of its knowledge after appropriate inquiry and
investigation as evidenced and represented by that certain "Phase One Environmental Site
Assessment and Update" made by Withers & Ravenel dated October 15, 2008, and on file in the
offices of the Town that (a) the Easement Area described herein is in full compliance with all
federal, state and local environmental laws and regulations, and (b) as of the date hereof there are
no hazardous materials, substances, wastes, or environmentally regulated substances (including,
without limitation, any materials containing asbestos) located on, in or under the Easement Area
or used in connection therewith, and that there is no environmental condition existing on the
Easement Area that may prohibit or impede use of the Easement Area for the purposes set forth
in the Recitals and the Grantor will not allow such uses or conditions Grantor will not cause or
permit any violation of local, state or federal environmental laws or regulations to occur within
the Easement Area
I Entire Agreement This instrument sets forth the enure 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
invalid, the remainder of the provisions of this Conservation Easement, and the application of such
provision to persons or circumstances other than those as to which it is found to be invalid, shall not
be affected thereby The Patties mtend this document to be an instrument executed under seal If any
patty is an individual, partnership or hmited liability company such party hereby adopts the word
"SEAL" following his/her signature and the name of the partnership or limited liability company as
his/her /its legal seal The Recitals set forth above and the Exhibits attached hereto are incorporated
herein by reference
J Indemni To the extent allowed by law, Grantor or Grantor's successors and/or
assigns, as applicable, agrees to defend, protect, indemnify, and hold harmless the Grantee, its
successors and assigns, from and against all cl aims, actions, liabilities, damages, fines, penalties, costs,
and expenses resulting from (1) its intentional or negligent misrepresentation of the environmental
condition of the Easement Area, or (2) any intentional or negligent action or forbearance by the
Grantor in the future which causes or contributes to the existence of any environmentally hazardous or
illegal condition on the Easement Area harmful to the environmental, conservation or water quality
values of the Easement Area
K Interpretation This Conservation Easement shall be construed and interpreted under the
laws of the State of North Carolina, and any ambiguities herein shall be resolved so as to give
maximum effect to the conservation purposes sought to be protected herein
L Parties Every provision of this Conservation Easement that applies to the Grantors or
to the Grantee shall likewise apply to their respective heirs, executors, administrators, assigns, and
grantees, and all other successors in interest herein
CLAM" NO. 200414003A 13

BK0141$3PG01431
M Gender The designations Grantor, Grantee, State and Fund, as used herein shall
include the Parties, their hens, administrators, successors and assigns, and shall include the singular,
plural, masculine, feminine or neuter as the context may require
N. Mercer The Parties agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interest in the Property and Easement Area
O Subsequent Liens No provisions of this Conservation Easement shall be construed as
impairing the ability of Grantors to use this Easement Area for collateral for borrowing purposes,
provided that any mortgage or lien ansuig there from shall be subordinated to this Conservation
Easement
P Liability from Personal Injury or Property age The Town agrees to hold the
Grantor harmless from Lability or personal injury or property damage arising out of the Town's, or its
permittees' or invitees', use of the Easement Area, provided, the Grantor shall not be held harmless
from liability caused by the active fault or negligence of the Grantor or instrumentalities of the
Grantor, Grantor's agents, invitees, or contractors, or by acts of the Grantor, Grantor's agents, invitees,
or contractors, which violate the terms and conditions of this Conservation Easement Nothing herein
shall be deemed a waiver by the Town of its sovereign immunity
Q Headings The headings of the various sections of this Conservation Easement have
been inserted for convenience only and shall not modify, define, limit or expand the express
provisions of this Conservation Easement
TO HAVE AND TO HOLD UNTO THE GRANTEE, its successors and assigns, forever
The covenants agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid
shall be binding upon Grantor, Grantor's representatives, successors and assigns, and shall continue as
a servitude running in perpetuity with the Easement Aura
CWMTF NO. 2004A4= 14

BKO14133PGO1432
IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hand and seal, or if
corporate, have caused tlus instrument to be signed in their corporate names by their duly authorized
officers and their seals to be hereunto affixed by authority of their Boards of Directors, as of the day
and year first above written.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
'OR
)unty Board of Education, a body politic
0� (Seal)
ald A Margiotta, Chair
I, a Notary Public of Wake County and State of North Carolina, certify that Donna M
Hargens, Ed.D , personally appeared before me this day and acknowledged that she is Secretary of the
Wake County Board of Education, a body corporate, and that by authority duly given and as the act of
said Board, the foregoing Conservation Easement was signed in its name by the Chair, and attested by
herself as its Secretary
Date 2-ON- AwS�at � to /0
My commission expires
[Seal]
REVISED WC80E EASEMENT
CVJK F NO. 2004A43103A
Notary Public \
Lr/ :At J . l a.-,AS
Printed Name
IL
VWIT . U13
�-IV D•p"
p�POIA&Y -41
� Ur
G �
PUS
40-OP-M 13

BKO14133PGO1433
[SEAL]
ATTEST:
By A-," G
Name SiteRewlend Ka cn C�
Title „Town Clerk
D-f""(
STATE OF NORTH CAROLINA
COUNTY OF LVALL
GRANTEE
TOWN OF CARY, a North Carolina municipal corporation
1
i
By
Name Harold Weinbrec t
Title Mayor
AV'Ak (1,rj alit l o.ru, , a Notary Public for said County and State, do hereby certify
that who is personally known by me or has produced satisfactory evidence of
identity, personally c6e before me dus day and acknowledged that s/he is UPA Pj"of the
Town of Cary, a North Caroluia municipal corporation, and as such s/he being au ionzed to do so,
executed the foregoing instrument on behalf of the Town for the purposes and intents therein
expressed Witness my hand and official stamp or seal, this the bo day of f 2010,
A491 PA
�lOiA e a r NOTARY PUBLIC
tAnt Name r. .►w/
XOSN DONNA AR NEW TORRISI
My Commission Expires G 19 b /,� 0 i `,J Notary Pubhc North Carolina
i, Wake County
My C mmis ion Expires
Stamp/Seal
L(
ROBIN M
BY NC CLEAN WATER
COUNSEL
CWMTF NO.2004A-003A 18

BK0141331'G01434
GRANTEE
TOWN OF CARY, a North Carolina municipal
By
Name
Title
[SEAL]
ATTEST
By
Name
Title
STATE OF NORTH CAROLINA
COUNTY OF
I, A a Notary Public fo aid County and State, do hereby certify
that who is ersonally known by me or as produced satisfactory evidence of
identity, personally came be a me this day and acknowledg that s/he is of the
Town of Cary, a North C lma municipal corporation, and as suc s/he being authorized to do so,
executed the foregom trument on behalf of the Town for the urposes and intents therein
expressed Witness hand and official stamp or seal, this the _ day 2010
NOTARY PUBLIC
Print
My tea ission Expires
APPROVED AS TO FORM BY NC CLEAN WATER MANAGEMENT TRUST FUND
OBIN M HA M ND, ESQUIRE
REAL PROPERTY COUNSEL
CWNW NO.2004A4003A 144

B041331'G11435
EXHIBIT A
BEING all of Tract 1, containing approximately 22 23 acres, all of Tract 2, containing
approximately 30 51 acres, and Tract 3, containing approximately 24 22 acres, as shown on that plat
entitled "Boundary Survey & Exempt Subdivision Plat for Wake County Board of Education Future
H -7 School Site and Town of Cary Park Site ", recorded in Book of Maps 2008, Pages 2306 — 2307,
Wake County Registry
CWMTF NO 20C4A4MA 17

BKO14133PGO1436
EXHIBIT B
EASEMENT AREA #1
Beginning at a point, said point being the northeast comer of Wake County Parcel
(PIN) 0723.02 -96 -4723, having NC Grid Coordinates of North = 737435.48 and East
= 2029785 74, thence S 00 102'09" W a distance of 123.77 feet to a point; thence S
00 °02'09" W a distance of 208 39 feet to a point, thence S 77 °27'55" W a distance of
79 50 feet to a point, thence N 82 °27'52" W a distance of 107 53 feet to a point;
thence S 76 °19'07" W a distance of 260.39 feet to a point, thence S 23 °48'39" E a
distance of 125.48 feet to a point, thence S 77 °11'07" W a distance of 323.33 feet to a
point, thence N 14 °30'45" W a distance of 427 56 feet to a point, thence N 03 °00'29"
E a distance of 58 00 feet to a point, thence S 78 °33'30" E a distance of 30.76 feet to a
point, thence S 89'06'13" E a distance of 34 63 feet to a point; thence S 76 °37'34" E a
distance of 43.10 feet to a point, thence S 74 °30'28" E a distance of 24.93 feet to a
point, thence S 85 °25'16" E a distance of 2193 feet to a point, thence N 83 °07'02" E
a distance of 21.85 feet to a point, thence S 89 °52'29" E a distance of 38 35 feet to a
point, thence N 85 °52'23" E a distance of 24 67 feet to a point; thence N 62 °56'43" E
a distance of 34 87 feet to a point; thence N 74 °32'02" E a distance of 31 15 feet to a
point, thence N 56 °23'42" E a distance of 56 83 feet to a point, thence S 81 °56'55" E
a distance of 26 87 feet to a point, thence N 71'52'29" E a distance of 30 38 feet to a
point, thence N 71 °04'59" E a distance of 35 26 feet to a point, thence S 86 °51'56" E
a distance of 18 42 feet to a point, thence N 72 °46'17" E a distance of 51.89 feet to a
point, thence N 89 °09'29" E a distance of 26.60 feet to a point, thence S 85 °26' 18" E
a distance of 30 08 feet to a point, thence N 65 °16'25" E a distance of 17 05 feet to a
point; thence N 48°31'43" E a distance of 24 92 feet to a point, thence N 58 °02'38" E
a distance of 24 41 feet to a point, thence S 88 °10'58" E a distance of 15.88 feet to a
point, thence S 71 °58'38" E a distance of 40 71 feet to a point, thence S 58 °48'36" E a
distance of 29.85 feet to a point, thence S 68 °16'19" E a distance of 34.80 feet to a
point, thence N 69 °20'05" E a distance of 28 74 feet to a point, thence N 48 °22'34" E
a distance of 55 55 feet to a point, thence N 66 °05' 13" E a distance of 12 43 feet to the
point of beginning, and containing 283,562 square feet or 6 51 acres as depicted by
that certain survey prepared by Withers & Ravenel entitled "Conservation Easement
— Town of Cary and NC Clean Water Management Trust Fund #2004A -003" dated
July 30, 2009 and being recorded in Books of Maps 2010, Page of reference to
which is hereby made for a more complete and accurate description
TOGETHER WITH the right of ingress, egress and regress over, upon and across the
Property, between parking areas shared by the Town and Grantor, and the Easement
Area
CWN rrF NO.2004A4XMA Is

BKO14133POO1437
EASEMENT AREA #2
Beginning at a point, said point being the northeast corner of Wake County Parcel
(PIN) 0723 01 -06 -0430, having NC Grid Coordinates of North = 737562 46 and East
= 2030382 65, thence S 00 00218" W a distance of 340.34 feet to a point; thence S
53'19'53" W a distance of 133 29 feet to a point, thence S 0611 V30" W a distance of
245 69 feet to a point, thence S 04 °53'04" E a distance of 358.36 feet to a point, thence
S 15 01741" W a distance of 104.83 feet to a point; thence N 68 °35'25" W a distance
of 82 10 feet to a point, thence N 16 °23'00" W a distance of 68 80 feet to a point,
thence N 04 028'03" W a distance of 184 29 feet to a point, thence N 29 °03'19" W a
distance of 195.85 feet to a point; thence N 27 °30'36" W a distance of 119 32 feet to a
point, thence N 02 °11'31" W a distance of 78 51 feet to a point; thence N 72 °43'20"
W a distance of 143.66 feet to a point, thence S 77 °27'55" W a distance of 67 36 feet
to a point, thence N 00 °02'09" E a distance of 208 39 feet to a point; thence N
00 °02'09" E a distance of 123 77 feet to a point, thence N 66 °05'13" E a distance of
12 70 feet to a point, thence N 74 °15'38" E a distance of 38 27 feet to a point, thence
N 85 °20'46" E a distance of 26 85 feet to a point, thence S 52 °5622" E a distance of
35 30 feet to a point, thence S 63 125'30" E a distance of 45.71 feet to a point, thence
N 83'14'54" E a distance of 912 feet to a point, thence N 61 °45'09" E a distance of
16 59 feet to a point, thence S 69103'l 8" E a distance of 12 92 feet to a point, thence
S 58 °39'48" E a distance of 23.20 feet to a point, thence S 18 °34'14" E a distance of
24 50 feet to a point, thence S 79 °15'18" E a distance of 36 46 feet to a point; thence
S 83 °17'31" E a distance of 30 59 feet to a point, thence S 59 °48'40" E a distance of
13 15 feet to a point, thence N 87 °08'40" E a distance of 35 45 feet to a point, thence
N 07 °39'04" E a distance of 78 16 feet to a point, thence N 62 015'39" E a distance of
146 93 feet to a point, thence N 33 °24'38" E a distance of 43.48 feet to a point; thence
N 64 °23'52" E a distance of 2177 feet to a point, thence S 46 042'05" E a distance of
38 81 feet to a point, thence N 87 °57'21" E a distance of 15 07 feet to a point; thence
N 57 °05'56" E a distance of 58.40 feet to the point of beginning, and containing
314,171 square feet or 7 21 acres as depicted by that certain survey prepared by
Withers & Ravenel entitled "Conservation Easement — Town of Cary and NC Clean
Water Management Trust Fund #2004A -003" dated July 30, 2009 and being
recorded in Books of Maps 2010, Page JN5, reference to which is hereby made for a
more complete and accurate description
TOGETHER WITH the right of ingress, egress and regress over, upon and across the
Property, between parking areas shared by the Town and Grantor, and the Easement
Area, and over, upon and across Easement Area #1 to and from Green Level Church
Road (SR 1600) so as to gain access to and from Easement Area #2
CWMV NO.2004A*M 19

BK01403P0438
EASEMENT AREA #3
Beginning at a point, said point being the northeast corner of Wake County Parcel
(PIN) 0733.01 -06 -6539, having NC Grid Coordinates of North = 737779.50 and East
= 2030831 26, thence S 04 °51'33" E a distance of 51.39 feet to a point, thence S
04 °51'33" E a distance of 1307 42, thence S 88° 15'26" W a distance of 245.37 feet to
a point, thence N 06'5713 " E a distance of 143 93 feet to a point, thence N 13 °54'46"
E a distance of 446 51 feet to a point, thence N 01 °31'01 " W a distance of 154 01 feet
to a point; thence N 43 °33'48" W a distance of 147.77 feet to a point, thence N
73 °24'46" W a distance of 126.70 feet to a point, thence S 76 °56'34" W a distance of
183 19 feet to a point, thence S 53° 1953" W a distance of 47 06 feet to a point; thence
N 00 °02'38" E a distance of 340 34 feet to a point, thence N 70 °55'08" E a distance of
58 66 feet to a point, thence N 84 °54'50" E a distance of 53 59 feet to a point; thence
N 78 °46 12" E a distance of 89 07 feet to a point; thence S 83 °02'29" E a distance of
40 02 feet to a point; thence N 06 °52'43" E a distance of 29 97 feet to a point, thence
N 27 °05'09" W a distance of 21.33 feet to a point, thence N 78 133'46" E a distance of
53 20 feet to a point; thence S 88 °06'28" E a distance of 49 91 feet to a point; thence
N 75 038106" E a distance of 46.02 feet to a point, thence N 61 °46'12" E a distance of
42.48 feet to a point, thence N 28 °17'17" E a distance of 15 18 feet to a point; thence
N I O° 10'05" W a distance of 3178 feet to a point, thence N 21 057137" E a distance of
21.32 feet to a point, thence N 43 °02'19" E a distance of 37.02 feet to the point of
beginning, and containing 292,372 square feet or 6 71 acres as depicted by that certain
survey prepared by Withers & Ravenel entitled "Conservation Easement — Town of
Cary and NC Clean Water Management Trust Fund #2004A -003" dated July 30,
2009 and being recorded in Books of Maps 2010, Page IgiS reference to which is
hereby made for a more complete and accurate description
TOGETHER WITH the right of ingress, egress and regress over, upon and across the
Property, between parking areas shared by the Town and Grantor, and the Easement
Area, and over, upon and across Easement Area s #1 and #2 to and from Green Level
Church Road (SR 1600) so as to gain access to and from Easement Area #3
CWKIV NO 2004A4= 20

BKO14133POO1430
EXHIBIT C
The Property consists of three parcels (PIN #0723 02 -96 -4723, PIN #0723 01- 06-0430, and PIN
#0733 01 -06 -6539) The Property and Easement Area abut White Oak Creek The centerline of
White Oak Creek constitutes the northern boundary line of the Property and Easement Area, the
common boundary between the Easement Area and White Oak Creek is approximately 2288' in
length
The Easement Area consists of 20 43 acres of the Property that are adjacent to White Oak Creek,
including floodplam acres These are primarily wooded acres with swampy areas closer to the creek
There are no existing improvements within the Easement Area. Elevations range from approximately
263' to 306 There are no known rare or endangered species on site Access to the Easement Area
will be via Green Level Church Road and any future public roads developed on the Property outside
of the Easement Area
There are additional drainageways that extend northwest to White Oak Creek from a pond on the
Property (PIN #072301060430) and a pond on property adjacent on the east side The Easement Area
does not include these ponds, but does include 85% of the length of these dramageways
CWW" NO. 2004A-003A 21

BK014133PM440
EXHIBIT D
Town Actions Requiring Prior Approval by the Fund
• Article 1I B Public Use and Access - Construction of Greenway Trails, observation/viewing
platform(s), pedestrian foot bridge crossing(s), landscape screening and/or utility
improvements
• Article H G Early Successional Habitat Areas — Application of chermcals to impede
succession to woody vegetation
• Granting of any temporary construction easement for stream restoration
• Receipt of condemnation notice or sale of Property in lieu of condemnation
CWNTF NO.2004A,003A
ETE

BK014133PG01441
BOOK:014133 PAGE:01418 - 01441
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording
Wake County Register of Deeds
WAKE Laura M. Riddick
COUNTY Register of Deeds
This Customer Group
#i of Time Stamps Needed
This Document
New Time Stamp
## of Pages
22 004-112avo

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SCALE 1 - 200
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(Page 1 of 6)
BKO1O797PGO2235
MAKE COUMTY, t1L
LAURA M RIDDICK
REGISTER OF DEEDS
°RESF — RECORDED nN
Al
Drawn By. °^^x.018797 PAGE:02235 - 82240
The T-rusi Fol Public;
316 N Academy Street
Cary, NC 27513
AbSIGNMENT ASSUMPTION AGREEMENT
TiiiC
s meat is made
--.c-re-- in-0 as of Me g!� —., -'..,nx, 2004, b and between THE TRUM FOR PUBLIC
LAND, a nonprofit California corporation (the "Assignor "), and THE TOWN OF CARY, a
municipal corporation organized and existing under the laws of the State of North Carolina (the
"Assignee ")
Cement o Purpose
Assignor is the holder of certain rights and privileges_gtanted to it under that cerwa-
Conservation Easement Anted e
—, r
i or an Assignee as grantees, said instrument being recorded in
Book 10719Z at page 026 in the Wake County Public Registry (the "Easement "), over that
certain tract of real property (the "Property's located in Wake County, North Carolina, as more
particularly described in Exhibit A to the Easement e--- --I� -- �-.3
hgahons under the
Easement are assignable pursuant to Article WI, Sect,n„ 13 ti - .� I _that cei _
Agre °" ° Easeinent dated ' ` 30,2004We--6aLeL;ontract")Assip-norba agreed to
assign to Assignee, and Assignee has agreed to assume all of Assignor's rights and obligations under
the Easement
NOW Tv
+ , an con i ions of s Agreement, and in
consideration of the premises, the respective agreements herein set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and y Assign
ere agree as follows
issispiment -a ons Under the Easement.
Assignor hereby assigns and conveys to Assignee all of Assignor's rights and obligations under the
Easement Assignee accepts such rights of Assignor relating to the Easement and assumes the

(Page 2 of 6)
BKO10797PGO2236
obligations of Assignor relating thereto Henceforth, all references in the Easement to "Grantee"
shall mean an re er to Assignee
2 Performance of Obligations Under the Easement Assignee agrees to perform all
of the obligations of Assignor under the Easement Assignor will promptly notify Grantor of this
Agreement and provide Grantor with Assignee's m'. 'r future
communications the Easement notice Of Other
3 Miscellaneous.
Applicable-Law. s Agreement shall be governed by and construed in
accordance with the laws of e State of o a
(b) Entire Agreement This Agreement contains the entire understanding and
agreement by anti between the parties, and all i'rlBr- or-COntemPoianeous oral- ar written
are merged erem, an no amen ent to this A ment ghal I he
effective unless the same is in writing and signed by the parties hereto
(c) Rinding Fffont nun Apr erne ^t sh3a11 be binding upon and
benefit of d ie Par ties hereto and it respec ve perms successors an assigns.
(d) Captions and Headings. The captions and headings throughout this
Agreement are for convenience and reference only and the words contained therein shall in
no way define or add to the interpretation, construction or meaning of any provision of this
Agreement
(e) Recordation. This Agreement may be recorded by Assignee in the public
records of Wake County, North Carolina whe____ M42pon
sha note on the fitce of the Ea enrent that Assignor h-w assigW its n and o igations
thereunder to Assignee and cross - reference the recording information for this Agreement
thereon

(Page 3 of 6)
BK010797PG02237
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
---d—at—e—and year first -above wntten
Assignor:
The-Trust for- Pabiici.an
I, 1 t w 8 •7 ro(c ., , a Notary Pubhc of the County and State aforesmd certify that
!.c t -- gpemd before me tins day and acknowledged that
e Land,
act of the corpora on, me loregoing Instrument was signed in its
name by its Staff' Attorney

(Page 4 of 6)
BKO10797PGO2238
NORTH CAROLINA, County
ks)i9s (rte r of 77ie Town of Cary, a North Carolina municipal subdivision, and that by
authority duly given and as the act of The Town of Cary, the foregoing instrument was signed in its
name by its
Waness my_hand and official stamp-or-seal _Aay of A01 LUU4
My commission expires A , , /?,
The foregoing Certificate(s) of
is/are certified to be correct This instrument and thlc certificate are duty registered at the date and
tummmm d in the Book and Page sh I on -the first page hereof
REGISTER OF DEEDS FOR COUNTY
Deputy /Assistant — Register of Deeds

(Page 5 of 6)
BKO10797PGO2239
3 20 7043766898 TRUST FOR PL03LIC LAN PAGE 02
E i _� a. • _ • • r • .
AD OFM BY
PROJECT REVIEW
OF ME BOARD OF DIRECMRS OF
r•
PUBLIC
SeC ew ttee o The Trust for Public land,
under authority delegated to it by the Board of Directors and the president o£ The Trust
acre conservation easement of real property owned by Bhzebeth S Anderson and - -�
aforesaid tract lying and bang in Wake County, North Carolina, (u) holding said interest
for up to thirty days. gad (iu) Conveyance of said interest to the Te�tra� a;7, i *- -+
Carolina or Its designee
RESOLVED FURTi3ER, that the ClIwman of the Board of Directors. the
President, the Executive Vice Presidarl , any Senior Vice president, the Chief Financial
viuw�, any v icn rra5laeAi, ally xegionai D=tor, any Associate R $mal i'9, anti
any Staff AALorne (IaGllldlne_ withnnt ltmrtahnn t1.a ( i r i n ,
ounselan�ociete Regional CounW or anyAssistant General Counsel), are hereby
authorized to execute any and all documents necessary or convenient to the complerion of
this traaaaction, inchtdmg, without limitation, letters exercising option rights, agreettlents,
deeds, mortgages, deeds of trust, promissory notes, customary closing documents, check
endorsements_ assurances and eigrdfiesdons, _ -ID
P13ment requests; hi Om 0j ons w ere two signatures axe required, any two of
the above -named Officers and employees, or any one of them together with the Secretary
or any Assistant Secretary, are authorized to execute such documents "
Joyce CvArie hereby cent, ry that 1 am a duly Olartted and acing Assistant
Secretary of The Trust for Public Laud, a nonprofit corporation Organized under the laws of
the State of California and classified thereunder as a public benefit corporation. T Bather
certify that the resolution set forth above was adopted in accordance with the Bylaws of
The Trust for R.bi:n r ..a L..the r. _
-of Irle 130ad o ugatois of
The Trust for Public TAnt at it regulw in O&__!dPmectR
3,2004, —Mat been moolnea or rescinded
Executed at San Francisco, California, this 3rd day of March 2004
oe
oycef3u e
Assistant Secrc�r

(Page 6 of 6)
BKO10797PGO2240
I I
00K:010797 DAGU 92235 — 0224
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording.
P � Wake County Register of Deeds
WAKF aura-M—. Riddic k
COUNTY Rnei -ter of Deeds
wwrx ucoux�
NorflvGarolina = M. CO
Thu fofeggi—g
Notary(ies) Public is (are) certified to be correct. This instrument
^d Y .-bis_U at-the atC and tlifl8 3IId 1II -the-book
Ds3g� S t
Lauia� , Register
ssistantlDeputy Register of Deeds
This Customer Group This Document
# of Mme Stamps Needed New'"" Stamp
o ages

QEiR
North Carolina Department of Environment and Natural Resources
Pat McCrory Ecosystem Enhancement Program Donald R van der Vaart
Governor Secretary
February 10, 2015
M J Desormeaux, Jr
Wake County Board of Education
5625 Dillard Drive
Cary, NC 27518 Expiration of Acceptance: August 10, 2015
Project: Green Level High School WCPSS H -7 County: Wake
fhe purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved You must also comply with all other state federal or local government permits regulations or authorizations associated
with the Proposed activity including SL 2009 -337 An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S L 2011 -343
This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the
issued 404 Permit/401 Certification /LAMA permit within this time frame, this acceptance will expire. it is the applicant's
responsibility to send copies of the permits to NCEEP Once NCEEP receives a copy of the permit(s) an mvoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work The amount of the In-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation
are summarized in the following table The amount of mitigation required and assigned to NCEEP for this impact is determined by
permitting agencies and may exceed the impact amounts shown below
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed
in accordance with the N C Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010
Thank you for your interest in the NCEEP If you have any questions or need additional information, please contact Kelly Williams at
(919) 707 -8915
cc James Lastinger, USACE - Raleigh
Deborah Shirley, agent
Sincerely,
J es Stanfill
Ass anagement Supervisor
1652 Mall Service Center, Raleigh, North Carolina 27699 -1652
Phone 919 - 707 -69761 Internet Aww nceep net
An Equal Opportunity � Affirmstive Action Employer - Made in part from recycled paper
River CU
Basin Location
Strewn (feet)
Wetlands (acres) Buffer I
(Sq Ft)
Buffer II
(Sq Ft )
Cold
Cool
Warm
Ri arian
Non-Riparian
Coastal Marsh
Impact
Cape Fear 03030002
0
0
0
118
0
0 1 0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed
in accordance with the N C Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010
Thank you for your interest in the NCEEP If you have any questions or need additional information, please contact Kelly Williams at
(919) 707 -8915
cc James Lastinger, USACE - Raleigh
Deborah Shirley, agent
Sincerely,
J es Stanfill
Ass anagement Supervisor
1652 Mall Service Center, Raleigh, North Carolina 27699 -1652
Phone 919 - 707 -69761 Internet Aww nceep net
An Equal Opportunity � Affirmstive Action Employer - Made in part from recycled paper

North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M Bartos, Administrator
GoN emor Pat McCrory
Secretary Susan Kluttz
March 6, 2014
Deborah Shirley
Soil and Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Re Construct Green Level High School, 7610 Roberts Road, Cary, S &EC 12220 P1,
Wake County, ER 14 -0317
Dear Ms Shirley
Thank you for your letter of February 20, 2014, concerning the above project
Office of Archives and I listory
Deputy Secretary Kevin Cherry
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project Therefore, we have no comment on the project as proposed
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800
Thank you for your cooperation and consideration If you have questions concerning the above comment,
contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or renee gledhlll-
earle , tt,ncdcr gov In all future communication concerning this project, please cite the above referenced
tracking number
Sincerely, &
(1� 6t/Ramona M Bartos
Location 109 fast Jones Street, Raleigh NC 27601 Mailing Address 4617 Mail Seri ice Center, Raleigh NC 276994617 Telephone /Fax (919) 807 - 6570/807 -6599

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