HomeMy WebLinkAbout20210206 Ver 2_Black Dirt Bank AsBuilt Report - DRAFT_20230324 (2)ID#* 20210206 Version* 2
Select Reviewer:
Katie Merritt
Initial Review Completed Date 03/24/2023
Mitigation Project Submittal - 3/24/2023
Is this a Prospectus, Technical Proposal or a New Site?* Yes No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name: * Email Address:
Kaitlyn Hogarth khogarth@wildlandseng.com
Project Information
ID#: * 20210206 Version:* 2
Existing ID# Existing Version
Project Type: DMS Mitigation Bank
Project Name: Black Dirt Bank Parcel
County: Wayne
Document Information
Mitigation Document Type:*
Mitigation Bank Information
File Upload: Black Dirt Bank AsBuilt Report - DRAFT.pdf 22.44MB
Please upload only one PDF of the complete file that needs to be submitted...
Signature
Print Name:*
Signature: *
Kaitlyn Hogarth
�1'z',sj+r yyo��tt�F
ow
W
WILDLANDS
ENGINEERING
March 24, 2023
CREDIT RELEASE REQUEST FORM
To: NCDEQ-DWR Nutrient Offset & Buffer Banking Coordinator
From: Kaitlyn Hogarth (khogarthgwildlandseng com, 540-907-9432)
Through: Wildlands Holdings III, LLC.
We formally request a credit release for the Black Dirt Mitigation Bank Parcel for completion of
Task #3 per the approved credit release schedule, which is included in the Attachments with this
request. The following documents have been submitted to DWR for Task #3 and are pending
review: As -Built Monitoring Report
Credits requested for release are detailed below:
Credit Type
% Release
Credit Amount
Notes/Comments
Buffer Restoration
10% of 222,644 sq feet + 8.4
22,272.800
square feet from increase
10%
Square Feet
restoration area at as -built
compared to BPDP
Buffer Preservation
N/A
N/A
Buffer Enhancement
N/A
N/A
Generated Nitrogen Nutrient
10% of 48,648.503 lbs +
Offset
4,864.980
0.13 lbs from increased
10%
Pounds
nutrient offset area at as -built
compared to BPDP
Delivered Nitrogen Nutrient
N/A
N/A
Offset Jordan sites only)
Generated Nitrogen Nutrient
N/A
N/A
Offset
Delivered Phosphorus Nutrient
N/A
N/A
Offset Jordan sites only)
Signature:
Attachments:
1) Updated As -Built Project Credit Table
2) UMBI approved Credit Release Schedule
Table 1. Black Dirt - Project Credit Table
Neuse 03020201 - Outside Falls Lake
Project Area
N Credit Conversion Ratio (ft2/pound)
P Credit Conversion Ratio (ft2/pound)
19.16394
N/A
Total
Subject? (enter
Min -Max
Initial
Final
Convertible to
Convertible to
Delivered
Mitigation
Total Area
(Creditable)
%Full
Riparian Buffer
Credit Type
Location
NOifephemeral
Feature Type
Activity
Buffer
Feature Name
i
(ft)
Area of Buffer
Credit
Credit
Credit
Riparian
Credits
Nutrient
Nutrient Offset:
or ditch')
Width(ft)
Ratio(x:1)
Ratio(x:1)
Buffer?
Offset?
N(Ibs)
Mitigation (ft�)
Buffer
Rural
Yes
I/ P
Restoration
0-100
UTl
222,644
222,644
1
100%
1.00000
Yes
222,644.000
Yes
11,617.861
Nutrient Offset
Rural
Yes
I / P
Restoration
101-200
UT1
201,495
1
33%
3.03030
No
—
Yes
10,514.278
Nutrient Offset
Rural
No
Ditch
Restoration
0-100
Ditch A, Ditch B
393,942
1
100%
1.00000
No
—
Yes
20,556.420
Nutrient Offset
Rural
No
Ditch
Restoration
101-200
Ditch A, Ditch B
336,860
1
33%
3.03030
No
—
Yes
17,577.805
Diffuse Flow
Nutrient Offset
Rural
No
Ditch
Restoration
4,350
1
No
—
No
Deduction
Totals (ft2):
1,159,291
222,644
222,644.000 60,266.364
222,644
222,644
Total Buffer (ft2):
936,647
1N/A
Total Nutrient Offset (ft2):l
Table 2. Black Dirt - Total Area of Buffer and Nutrient Offset Mitigation
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
Credits
Restoration:
222,644
222,644.000
Enhancement:
0
0.000
Preservation:
0
0.000
Total Riparian Buffer:
222,644
222,644.000
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Square Feet
Credits
Nutrient Offset:
Nitrogen:
936,647
48,648.503
Phos horus:
0.000
Table 3.0 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
Credit
Available for
Task
Project Milestone
Sale
Instrument and BPDP Approved by DWR, Conservation Easement
1
Recorded*, and Financial Assurance Posted
20
All Riparian Earthwork & Mitigation Activities, Planting and
Installation of Monitoring Devices completed, easement boundaries
2
adequately marked, all applicable permits obtained, site visit
20
performed by DWR
Monitoring Financial Assurance Posted and Approval of As -Built
3
Report
10
Monitoring Report #1: Approved by the DWR** & financial
4
assurance renewed
10
Monitoring Report #2: Approved by the DWR** & financial
5
assurance renewed
10
Monitoring Report #3: Approved by the DWR** & financial
6
assurance renewed
10
Item B (1) of Section X in this Instrument has been completed and
7
approved by DWR
5
No remaining credits will be released until Task 7 has been satisfied, assigning the
conversation easement to an approved land trust or long-term steward.
Monitoring Report #4: Approved by the DWR** & financial
8
assurance renewed
5
Monitoring Report #5: Approved by the DWR** and final site visit
9
by DWR has been conducted
10
Total
100
Black Dirt Mitigation Bank Parcel
DW R I D# 2021-0206v2
Wildlands Holdings III, LLC's Black Dirt and Rosewood Nutrient Offset and Buffer Mitigation Bank
AS -BUILT & BASELINE MONITORING REPORT
WILDLANDS
ENGINEERING
March 2023
PREPARED BY:
Wildlands Engineering, Inc.
312 West Millbrook Road, Suite 225
Raleigh, NC 27609
Phone: 919-851-9986
AS -BUILT & BASELINE MONITORING REPORT
Black Dirt Mitigation Bank Parcel
Wildlands Holdings III, LLC's Black Dirt Nutrient Offset and Buffer Mitigation Bank
TABLE OF CONTENTS
1.0 Introduction...................................................................................................................................... ii
2.0 Parcel Location & Background......................................................................................................... ii
2.1 Location and Setting..................................................................................................................... ii
2.2 Parcel Background........................................................................................................................ ii
2.3 Parcel Objectives.......................................................................................................................... 2
3.0 Restoration Activities.......................................................................................................................2
4.0 Mitigation Potential and Deviations from the Bank Parcel Devlopment Package (BPDP)............ 2
5.0 Monitoring Protocol & Success Criteria........................................................................................... 2
6.0 Financial Assurance & Long Term Management............................................................................. 3
6.1 Financial Assurance......................................................................................................................3
6.2 Parcel Maintenance......................................................................................................................3
7.0 References........................................................................................................................................ 3
APPENDICES
Appendix A: General Figures and Tables
Table 1
Project Credit Table
Table 2
Project Activity and Reporting History
Table 3
Project Contact Table
Table 4
Project Information and Attributes
Table 5
Adjacent Forested Areas Existing Tree and Shrub Species
Table 6
Planted Tree Species
Figure 1
Vicinity Map
Figure 2
Credit Service Area Map
Figure 3
Credit Generation Map
Figure 4
Monitoring Components Map
Figure 5
As -Built Survey
Appendix B: Vegetation Plot Data
Table 7 Stem Count Total and Planted Species by Vegetation Plot
Vegetation Plot Photographs
Appendix C: NCDWR Surface Water Determination and Site Viability Letter
On -Site Determination Letter and Map (February 2021)
On -Site Site Viability Letter —(April 2021)
Appendix D: Conservation Easement
Appendix E: Overview Photographs
Erosion Stabilization Photographs
Ditch A & UT1 Confluence Photographs
W Black Dirt Mitigation Bank Parcel Page i
As -Built & Baseline Monitoring Report — March 2023
AS -BUILT & BASELINE MONITORING REPORT
Black Dirt Mitigation Bank Parcel
Wildlands Holdings III, LLC's Black Dirt Nutrient Offset and Buffer Mitigation Bank
The Black Dirt Mitigation Bank Parcel (Parcel) is part of Wildlands Holdings III, LLC, Black Dirt &
Rosewood Nutrient Offset and Buffer Mitigation Bank (Bank). The Bank Parcel Development Package
(BPDP) was approved in February 2022. The Parcel contains two ditches (Ditches A and B) that drain into
one unnamed tributary (UT1) that then flows approximately half a mile to its confluence with the Neuse
River. The primary purpose of the project is to provide riparian buffer mitigation credits and nutrient
offset credits to compensate for unavoidable impacts in the Neuse River Basin 03020201 Hydrologic
Unit Code (HUC) outside the Falls Lake Watershed. The project has been planned, designed, and
constructed according to the BPDP, the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295
(effective November 1, 2015), and Nutrient Offset Credit Trading 15A NCAC 02B .0703. The Bank service
area is depicted in Figure 2.
1.0 Introduction
The Parcel was restored to provide ecological and water quality enhancements to the Neuse River Basin
by creating a functional riparian corridor and restoring the riparian buffer along UT1, Ditch A, and Ditch
B. Prior to planting, the Parcel was open row crop fields. Approximately 28.3 acres have been protected
along the project features by permanent conservation easement. The conservation easement was
recorded on the Parcel in September 2022.
2.0 Parcel Location & Background
2.1 Location and Setting
The Parcel is in Wayne County, approximately seven miles west of the City of Goldsboro (Figure 1). To
reach the Parcel from the City of Raleigh, travel east on 1-40 for approximately 12 miles. Take exit 309
for US 70 E toward Smithfield/Goldsboro. Continue on US-70 E for approximately 21 miles. Turn right
onto Creech's Mill Road, then left on to Brogden Road. Travel on Brogden Road for approximately 7
miles then turn right onto Lassiter Road. From Lassiter Road turn right onto Ferry Bridge Road and then
left onto Steven's Mill Road. In 3.2 miles the Parcel will be located on the left of Stevens Mill Road
(35.359233 N,-78.102769 W). The project is located within the Neuse River Basin 14-digit HUC
03020201170060 and North Carolina Division of Water Resources (NCDWR) Subbasin 03-04-12. The
Parcel was restored for riparian buffer mitigation credit and nutrient offset credit in the Neuse River
Basin HUC 03020201 outside of the Falls Lake Watershed (Figure 2).
2. 2 Parcel Background
Prior to construction, the Parcel consisted of open row crop fields, typically planted with corn, wheat,
cotton, or soybeans. In general, this area has maintained its rural, farming character over the last 60
years with only minor changes in land cover. Tables 2, 3, and 4 in Appendix A provide detailed
information regarding the Project Activity and Reporting History, Project Contacts, and Project
Information and Attributes.
W Black Dirt Mitigation Bank Parcel Page 1
As -Built & Baseline Monitoring Report — March 2023
2.3 Parcel Objectives
The main objective of the Parcel is to reduce nutrient and sediment loading to the Neuse River receiving
waters, supply and improve terrestrial and instream habitats, and improve stream and bank stability. By
restoring native vegetation up to 200 feet from top of bank of the project features, the riparian corridor
will slow overland flow velocities and provide filtration for flood flows. This will result in sediment
deposition and nutrient absorption in the floodplain, and subsequently their reduction in input to
project features.
3.0 Restoration Activities
Developing the Parcel for mitigation required converting existing agriculture land use practices adjacent
to streams into riparian forest. Riparian area restoration involved planting appropriate native tree
species along the riparian corridor. In two isolated areas along UT1 straw bales were placed directly
adjacent to the tributary to reduce erosional rills by diverting overland flow. Live stakes were also
planted in these locations along with two stretches of bank along UT1. An additional area at the
confluence of Ditch A and UT1 was previously identified as a concern but was deemed stable at the time
of construction. Refer to Appendix E for photographs of these areas. Herbaceous cover is partially
established across the Parcel; therefore, seeding will take place during the spring of 2023 to ensure
adequate coverage. Vegetation management and herbicide applications may be needed over the first
few years of tree establishment in the riparian restoration areas to prevent encroachment of
undesirable species that may out -compete the planted native vegetation.
The species composition planted was selected based on the desired community type, occurrence of
species in riparian areas adjacent to the Parcel, and best professional judgement. Trees were spaced at 7
feet by 12 feet, which is which is sufficient to meet the performance standards outlined in the Rule 15A
NCAC 02B .0295. Table 6 in appendix A lists the tree species and quantities planted on the Parcel.
The easement was marked using conservation easement placards mounted on t-posts following the
entirety of the boundary. These signs will be maintained and replaced, if necessary, throughout the
monitoring years.
4.0 Project Credit Potential and Deviations from the Bank Parcel Development Package (BPDP)
Of the 28.3 acres protected under the conservation easement, 26.6 acres were restored, of which the
sponsor is requesting 5.1 acres be used to generate riparian buffer credit. The remaining 21.5 acres will
be used to generate nutrient offset nitrogen credits (48,648.503 credits). In general, riparian restoration
area widths on streams extend out to 100 feet from top of bank for buffer credits. Riparian restoration
width extends from top of bank out to 200 feet on ditches and 101 feet to 200 feet on streams for
nutrient offset credits. Minor deviations in credits from the BPDP occurred due to improved accuracy
that the as -built survey provides in comparison to estimates obtained from GIS software. This equated
to an addition of less than 1 (0.313) nutrient offset credit and of 21 buffer credits. A map detailing the
credit generation is provided in Figure 3.
5.0 Monitoring Protocol & Success Criteria
Twenty-two 10-meter by 10-meter vegetation monitoring plots were installed within the buffer
restoration areas to measure the survival of the planted trees (Figure 4). The number of plots required
was determined in accordance with the Carolina Vegetative Sampling Protocol (CVS) Level 2. Vegetation
assessments were completed in January 2023 following the CVS Levels 2 Protocol for Recording
Vegetation, Version 4.2 (Lee et al. 2008). Baseline data shows a planted stem density of 633 stems per
acre (Table 7). This surpasses the requirement of 260 stems per acre at the end of year five monitoring.
W Black Dirt Mitigation Bank Parcel Page 2
As -Built & Baseline Monitoring Report — March 2023
Each year a reference photo will be taken from the southwestern corner of each vegetation plot, and all
planted stems will be marked with flagging tape and recorded.
Yearly monitoring activities will begin in the fall of 2023 and will commence annually in September or
October for the remainder of the monitoring period. Species composition, density, height, vigor, and
survival rates will be evaluated on an annual basis by plot for the entire Parcel. Wildlands shall submit to
NCDWR an annual monitoring report, no later than December 315T of each year for five consecutive
years and will follow the terms and conditions of the BPDP approved in February 2022. The measure of
vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where
no one species is greater than 50% of the established planted stems, and an established density of at
least 260 planted trees per acre at the end of monitoring year five. Appropriate and desirable native
volunteer species may be included in the Parcel's density to meet the performance standards with
NCDWR approval.
6.0 Financial Assurance & Long -Term Management
6.1 Financial Assurance
After completion of the restoration/construction, a separate Performance/Maintenance Bond will be
secured for 100% of the estimated cost to implement the monitoring and maintenance plan, but not less
than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring
period for a term of one year, to be extended annually for a minimum of five years. Upon NCDWR
approval, this may be lowered each year based on the adjusted cost to complete the monitoring.
6.2 Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions will be implemented if the Parcel
or a specific component of the Parcel fails to achieve the success criteria. Parcel maintenance will be
performed to correct any identified problems that have a high likelihood of affecting project success.
Such items include, but are not limited to, fire, flooding, drought, or insects that cause excess tree
mortality. Any actions implemented will be designed to achieve the success criteria and will include a
work schedule and updated monitoring criteria. Any Parcel maintenance performed will be included in
the monitoring report for that year. A rigorous herbicide schedule may be implemented in the first few
years of tree establishment in the restoration areas to prevent establishment of invasive species that
may out -compete native vegetation. The only herbicides used on the Parcel will be aquatic approved
herbicides that will be applied in accordance with North Carolina Department of Agriculture rules and
regulations.
The easement boundary will be checked annually as part of monitoring activities. Easement boundary
conditions as well as any maintenance performed will be reported in the annual monitoring reports to
NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must
receive approval from NCDWR prior to conducting any mowing activities within Zone 1 and Zone 2 of
the Neuse buffers to ensure that no buffer violations have occurred.
W Black Dirt Mitigation Bank Parcel Page 3
As -Built & Baseline Monitoring Report — March 2023
7.0 References
Lee, M.T., Peet, R.K., Steven D., & Wentworth, T.R. (2008). CVS-EEP Protocol for Recording Vegetation
Version 4.2 [PDF file].
NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. (2004).
Guidelines for Riparian Buffer Restoration [PDF file].
NC Department of Environmental Quality. (2015). 15A NCAC 02B .0259 Mitigation Program
Requirements for Protection and Maintenance of Riparian Buffers [PDF file].
Peet, R.K., Wentworth, T.R., & White, P.S. (1998). A flexible, multipurpose method for recording
vegetation composition and structure [PDF file].
Wildlands Holdings III, LLC. (2022). Black Dirt Mitigation Bank Parcel Development Package. NCDWR,
Raleigh NC.
W Black Dirt Mitigation Bank Parcel Page 4
As -Built & Baseline Monitoring Report — March 2023
APPENDIX A. General Figures and Tables
Table 1. Project Credit Table
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Neuse 03020201 - Outside Falls Lake
Project Area
N Credit Conversion Ratio (ft2/pound)
P Credit Conversion Ratio (ft2/pound)
19.16394
N/A
Tota I
Subject? (enter
Min -Max
Initial
Final
Convertible to
Convertible to
Delivered
Mitigation
Total Area
(Creditable)
%Full
Riparian Buffer
Credit Type
Location
NO if ephemeral
Feature Type
Buffer
Feature Name
i
Credit
Credit
Riparian
Nutrient
Nutrient Offset:
Activity
(ft)
Area of Buffer
Credit
Credits
or ditch')
Width (ft)
Ratio (x:1)
Ratio (x:1)
Buffer?
Offset?
N (Ibs)
Mitigation (ft )
Buffer
Rural
Yes
I/P
Restoration
0-100
UTl
222,644
222,644
1
100%
1.00000
Yes
222,644.000
Yes
11,617.861
Nutrient Offset
Rural
Yes
I / P
Restoration
101-200
UT1
201,495
1
33%
3.03030
No
—
Yes
10,514.278
Nutrient Offset
Rural
No
Ditch
Restoration
0-100
Ditch A, Ditch B
393,942
1
100%
1.00000
No
—
Yes
20,556.420
Nutrient Offset
Rural
No
Ditch
Restoration
101-200
Ditch A, Ditch B
336,860
1
33%
3.03030
No
—
Yes
17,577.805
Diffuse Flow
Nutrient Offset
Rural
No
Ditch
Restoration
4,350
1
No
—
No
Deduction
Totals (ft2):
1,159,291
222,644
222,644.000 60,266.364
222,644
222, 644
Total Buffer (ft2):
936,647
1N/A
Total Nutrient Offset (ft4l
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
Credits
Restoration:
222,644
222,644.000
Enhancement:
0
0.000
Preservation:
0
0.000
Total Riparian Buffer:
222,644
222,644.000
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Square Feet
Credits
Nutrient Offset:
Nitrogen:
936,647
48,648.503
Phosphorus:
0.000
Table 2. Project Activity and Reporting History
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Activity or Report
Dirt & Rosewood Umbrella Mitigation Banking Instrument
Data Collection Complete
N/A
Completion or Scheduled Delivery
January 2022
BPDP Approval Date
N/A
February 2022
Conservation Easement
N/A
September 2022
Bare Root Planting
N/A
January 2023
As -Built and Baseline Monitoring Document (Year 0)
January 2023
March 2023
Year 1 Monitoring
2023
December 2023
Year 2 Monitoring
2024
December 2024
Year 3 Monitoring
2025
Dece, ms
Year 4 Monitoring
2026
De
Year 5 Monitoring
2027
December 2027
Table 3. Project Contact Table
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Wildlands Holdings III, LLC
Bank Sponsor
1430 South Mint Street, Suite 104
Charlotte, NC 28203
704.332.7754
Bruton Natural Systems, Inc
Planting Contractor
P.O. Box 1197
Fremont, NC 27830
Nursery Stock Suppliers
Dykes and Sons Nursery and Greenhouse
Bare Roots
825 Maude Etter Rd
McMinnville, TN 37110
Monitoring Performers
Wildlands Engineering, Inc.
Kaitlyn Hogarth
Monitoring, POC
919.851.9986, ext. 122
Table 4. Project Information and Attributes
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
PROJECTINFO.
Project Name
Blacl< Dirt Mitigation Bank Parcel
County
Wayne County
Project Area (acres)
28.30
Project Coordinates (latitude and longitude)
35.359233 N,-78.102769 W
PROJECT WATERSHED
Physiographic Province
SUMMARY INFORMATION
Outer Coastal Plain
River Basin
Neuse River
USGS Hydrologic Unit 8-digit
03020201
USGS Hydrologic Unit 14-digit
03020201170060
DWR Sub -basin
03-04-12
Project Drainiage Area (acres)
269 - UT1, 28 - Ditch A, 22 - Ditch B
Project Drainage Area Percentage of Impervious Area
3.0%
CGIA Land Use Classification
UT1 - 51%forested, 11%shrubland, 35% agriculture, 3% developed;
Ditch A - 100% agriculture; Ditch B - 53% agriculture, 15% woody
wetlands, 15% mixed forest, 10%shrub/scrub, 7% developed
Table 5. Adjacent Forested Areas Existing Tree and Shrub Species
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Common Name
American Holly
Scientific Name
IlexOpaca
Wetland
Indicator
Status
FAC
Common Sweet Leaf
Symplocos tinctoria
FAC
Blackberry
Rubus spp.
FAC
Red Maple
Acerrubrum
FAC
Sweetgum
Liquidambar styraciflua
FAC
Black Cherry
Prunus serotina
FACU
Water Oak
Quercus nigra
FAC
Sweetbay Magnolia
Magnolia virginiana
FACW
Swamp Chestnut Oak
Quercus Michauxii
FACW
Table 6. Planted Tree Species
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Common Name JE§§&cientific
Sycamore
Name
Platanus occidentalis
Number
Planted
2,000
% of Total
A
15%
River Birch
Betula nigra
2,080
15%
Common Persimmon
Diospyros virginiana
1,400
10%
Black Cherry
Prunus serotina
700
5%
Cherrybark Oak
Quercus pagoda
1400
10%
Eastern Cottonwood
Populus deltoides
1,400
10%
Willow Oak
Quercus phellos
1400
10%
American Elm
Ulmus americana
700
5%
Boxelder
Acernegundo
1400
10%
Water Oak
Quercus nigra
700
5%
Sweetbay Magnolia
IMagnolia virginiana
1 700
1 5%
Pine Level
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Bank Parcel Conservation Easement
' Black Dirt Bank Parcel Location
� QJevrrle.p,incetonY
US Hrghw°y 13 S
Directions: From the City of Raleigh, travel east on 1-40 for
approximately 12 miles. Take exit 309 for US 70 E toward
Smithfield/Goldsboro. Continue on US-70 E for approximately 21
miles. Turn right onto Creech's Mill Road, then left on to
Brogden Road. Travel on Brogden Road for approximately 7
miles then turn right onto Lassiter Rd. From Lassiter turn right
onto Ferry Bridge road and then left onto Steven's Mill Road. In
3.2 miles the Parcel will be located on the left of Stevens Mill
Road.
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Goldsboro Roy'rrgve
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a
Brogden
Dudley
Figure 1. Vicinity Map
Black Dirt Mitigation Bank Parcel
As -Built Report
Neuse River Basin (03020201)
Wayne County, NC
t
-
j F ,I,
County Boundaries
j
j
H U C 03020201
j
I
j
Riparian Buffer Credits and Nutrient Offset Credits Service Area
I
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Black Dirt Bank Parcel Location
iliutner
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Figure 2. Credit Service Area Map
Black Dirt Mitigation Bank Parcel
As -Built Report
Neuse River Basin (03020201)
Wayne County, NC
200'
Project Location
Bank Parcel Conservation Easement
Project Stream
Project Ditch
Riparian Restoration for Buffer Credit
Riparian Restoration for Nutrient Offset Credit
Not for Credit
Non -Project Stream
0 WILDLANDS
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0 200 400 Feet Black Dirt Mitigation Bank Parcel
i I t As -Built Report
Neuse River Basin (03020201)
Wayne County, NC
a
Bank Stabilization with Live
Stake Planting
Live Stake Planting —90'
n Bank Stabilization with Live
Stake Planting
Live Stake Planting —250'
Project Location
Bank Parcel Conservation Easement
Project Stream
Project Ditch
Riparian Restoration for Buffer Credit
Riparian Restoration for Nutrient Offset Credit
Not for Credit
Vegetation Plots
Non -Project Stream
WILDLANDS
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Figure 4. Monitoring Components Map
Black Dirt Mitigation Bank Parcel
0 200 400 Feet As -Built Report
i I I Neuse River Basin (03020201)
Wayne County, NC
VICINITY MAP
NOT TO SCALE
SITE
i
5
WAYNE CO., NC
BLACK DIRT MITIGATION BANK PARCEL
I, ELISABETH G. TURNER, AS A DULY REGISTERED PROFESSIONAL LAND
SURVEYOR IN THE STATE OF NORTH CAROLINA, CERTIFY THAT THIS
BUFFER MAP WAS DRAWN UNDER MY SUPERVISION, IS AN ACCURATE
AND COMPLETE REPRESENTATION OF WHAT WAS CONSTRUCTED IN THE
FIELD, THAT THE EASEMENT BOUNDARY IS BASED ON PLAT BOOK SEE ,
PG NOTES RECORDED IN WAYNE COUNTY REGISTER OF DEEDS
OFFICE, AND THAT THE BUFFER AREAS SHOWN ARE CALCULATED FROM
AS -BUILT CONDITIONS EXCEPT WHERE OTHERWISE NOTED HEREON.
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL
THIS 9th DAY OF MARCH, 2023. 1111 I I I1//
CA RO''�.,
SEAL =_
ELISABETH G. TURNER, P.L.S. #L-4440 = r L-4440 0:, _
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PIN: 2568-67-21 18
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GENERAL NOTES:
1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN
U.S. SURVEY FEET UNLESS OTHERWISE NOTED.
2. THE BASIS OF BEARINGS IS NCGS STATE PLANE
NAD83(2011) DATUM.
3. THE AREA SHOWN HEREON WAS COMPUTED USING THE
COORDINATE COMPUTATION METHOD.
4, THE PURPOSE OF THIS PLAT IS TO SHOW THE AS -BUILT
AREAS FOR RIPARIAN BUFFER CREDITS WITHIN THE
CONSERVATION EASEMENT. THIS PLAT IS NOTA
BOUNDARY SURVEY. THE LAND PARCELS AND THEIR
BOUNDARIES AFFECTED BY THIS CONSERVATION
EASEMENT ARE NOT CHANGED BY THIS PLAT.
5. LINES NOT SURVEYED ARE SHOWN AS A DASHED
LINETYPE AND WERE TAKEN FROM INFORMATION
REFERENCED ON THE FACE OF THIS PLAT.
6. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR
ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S).
7. CONSERVATION EASEMENT MAP RECORDED IN PLAT
BOOK P, PG. 69-F IN THE WAYNE COUNTY REGISTER OF
DEEDS OFFICE.
8. STREAM TOP OF BANK LINES TAKEN FROM TOPOGRAPHIC
SURVEY BY TURNER LAND SURVEYING.
300' 0' 300' 600'
SCALE: 1 inch = 300 feet (11x17)
Riparian Buffer Credit:
S4 FT.
Acres
Streams & Ditches
66,685
1.53
Buffer Resbration
222,644
5.11
0'-100' (Min. 30)
Nutrient Offset Scream
2011495
4.63
101'-200'
Nutrient Offset Ditches
393,942
9.04
0'-100' (Min. 50')
Nutrient Offset Ditches
336,860
7.73
101'-200'
No Credit
10,910
0.25
Total CE Area
152325536
28.29
GE
JEAN A. AOLLOWELL
D.B. 1444, PG. 103
\
P.B. A PG. 72AB
\
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PIN: 2568-87-5672
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CE CONSERVATION EASEMENT
— — RIGHT—OF—WAY /
—PROPERTY LINE
.. -----.. • _. •-----...TREELI N E
THIS MAP IS NOT FOR RECORDATION, SALES, OR
CONVEYANCES AND DOES NOT COMPLY WITH G.S.
47-30 MAPPING REQUIREMENTS.
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Certified DBE/WBE
APPENDIX B. Vegetation Plot Data
Table 7. Stem Count Total and Planted Species by Vegetation Plot
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Current Plot Data (MYO 2023)
Scientific Name
Common Name
Species Type
VP 1
VP 2
VP 3
VP 4
VP 5
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
cer negundo
Boxelder
Tree
2
2
2
1
1
1
2
2
2
1
1
1
3
3
3
Betula nigra
River Birch
Tree
1
1
1
4
4
4
2
2
2
2
2
2
2
2
2
Diospyros virginiana
American Persimmon
Tree
2
2
2
2
2
2
1
1
1
Magnolia virginiana
Sweetbay Magnolia
Shrub Tree
1
1
1
1
1
1
1
1
1
Platanus occidentalis
Sycamore
Tree
3
3
3
3
3
3
1
1
1
4
4
4
Populus deltoides
Eastern Cottonwood
Tree
3
3
3
1
1
1
2
2
2
2
2
2
2
2
2
Prunus serotina
Black Cherry
Shrub Tree
2
2
2
1
1
1
2
2
2
Quercus nigra
Water Oak
Tree
1
1
1
1
1
1
1
1
1
Quercus pagoda
Cherrybark Oak
Tree
1
1
1
4
4
4
1
1
1
1
1
1
2
2
2
Quercus phellos
Willow Oak
Tree
1
1
1
2
2
2
1
1
1
2
2
2
2
2
2
Ulmus alata
Winged Elm
Tree
1
1
1
1
1
1
Stem count
size (ares)
size (ACRES)
Species count
StemsperACREJ
15
15
15
16
16
16
15
15
15
16
16
16
14
14
14
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
9
9
9
1 7
1 7
1 7
11
11
11
8
8
8
8
8
8
607
1 607
1 607
1 647
1 647
1 647
607
1 607
1 607
1 647
1 647
1 647
567
567
567
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
Volunteer species included in total
PnoLS - Planted Stems Excluding Live Stakes
P-all - All Planted Stems
T - All Woody Stems
Table 7. Stem Count Total and Planted Species by Vegetation Plot
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Current Plot Data (MYO 2023)
Scientific Name
Common Name
Species Type
VP 6
VP 7
VP 8
VP 9
VP 10
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
cer negundo
Boxelder
Tree
1
1
1
2
2
2
2
2
2
1
1
1
1
1
1
Betula nigra
River Birch
Tree
2
2
2
3
3
3
3
3
3
3
3
3
4
4
4
Diospyros virginiana
American Persimmon
Tree
1
1
1
2
2
2
1
1
1
1
1
1
2
2
2
Magnolia virginiana
Sweetbay Magnolia
Shrub Tree
1
1
1
1
1
1
1
1
1
Platanus occidentalis
Sycamore
Tree
7
7
7
4
4
4
3
3
3
3
3
3
3
3
3
Populus deltoides
Eastern Cottonwood
Tree
1
1
1
1
1
1
3
3
3
1
1
1
1
1
1
Prunus serotina
Black Cherry
Shrub Tree
1
1
1
Quercus nigra
Water Oak
Tree
1
1
1
1
1
1
2
2
2
1
1
1
Quercus pagoda
Cherrybark Oak
Tree
2
2
2
1
1
1
1
1
1
Quercus phellos
Willow Oak
Tree
1
1
1
1
1
1
1
1
1
2
2
2
2
2
2
Ulmus alata
Winged Elm
Tree
1
1
1
1
1
1
2
2
2
Stem count
size (ares)
size (ACRES)
Species count
15
15
15
17
17
17
16
16
16
16
16
16
16
16
16
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
8
8
8
9
9
9
9
9
10
10
10
8StemsperACRE
607
607
607LE
688
688
647
647
647
647
647
647
647
647
647
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
Volunteer species included in total
PnoLS - Planted Stems Excluding Live Stakes
P-all - All Planted Stems
T - All Woody Stems
Table 7. Stem Count Total and Planted Species by Vegetation Plot
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Current Plot Data (MYO 2023)
Scientific Name
Common Name
Species Type
VP 11
VP 12
VP 13
VP 14
VP 15
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
cer negundo
Boxelder
Tree
2
2
2
1
1
1
1
1
1
2
2
2
1
1
1
Betula nigra
River Birch
Tree
1
1
1
2
2
2
3
3
3
2
2
2
3
3
3
Diospyros virginiana
American Persimmon
Tree
2
2
2
2
2
2
1
1
1
2
2
2
3
3
3
Magnolia virginiana
Sweetbay Magnolia
Shrub Tree
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Platanus occidentalis
Sycamore
Tree
4
4
4
4
4
4
2
2
2
1
1
1
2
2
2
Populus deltoides
Eastern Cottonwood
Tree
2
2
2
2
2
2
2
2
2
1
1
1
1
1
1
Prunus serotina
Black Cherry
Shrub Tree
1
1
1
1
1
1
Quercus nigra
Water Oak
Tree
1
1
1
1
1
1
1
1
1
1
1
1
Quercus pagoda
Cherrybark Oak
Tree
1
1
1
1
1
1
2
2
2
2
2
2
1
1
1
Quercus phellos
Willow Oak
Tree
1
1
1
1
1
1
1
1
1
2
2
2
1
1
1
Ulmus alata
Winged Elm
Tree
1
1
1
1
1
1
1
1
1
1
1
1
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACREI
16
16
16
15
15
15
16
16
16
15
15
15
15
15
15
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
10
10
10
1 9
1 9
1 9
11
11
11
10
10
10
10
10
10
647
1 647
1 647
1 607
1 607
1 607
647
1 647
1 647
1 607
1 607
607
607
607
607
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
Volunteer species included in total
PnoLS - Planted Stems Excluding Live Stakes
P-all - All Planted Stems
T - All Woody Stems
Table 7. Stem Count Total and Planted Species by Vegetation Plot
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Current Plot Data (MYO 2023)
Scientific Name
Common Name
Species Type
VP 16
VP 17
VP 18
VP 19
VP 20
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
cer negundo
Boxelder
Tree
1
1
1
2
2
2
2
2
2
2
2
2
Betula nigra
River Birch
Tree
4
4
4
2
2
2
3
3
3
4
4
4
4
4
4
Diospyros virginiana
American Persimmon
Tree
2
2
2
1
1
1
1
1
1
3
3
3
1
1
1
Magnolia virginiana
Sweetbay Magnolia
Shrub Tree
1
1
1
1
1
1
1
1
1
Platanus occidentalis
Sycamore
Tree
2
2
2
4
4
4
2
2
2
4
4
4
Populus deltoides
Eastern Cottonwood
Tree
2
2
2
1
1
1
2
2
2
1
1
1
Prunus serotina
Black Cherry
Shrub Tree
2
2
2
2
2
2
1
1
1
1
1
1
Quercus nigra
Water Oak
Tree
1
1
1
1
1
1
Quercus pagoda
Cherrybark Oak
Tree
2
2
2
2
2
2
1
1
1
2
2
2
Quercus phellos
Willow Oak
Tree
1
1
1
3
3
3
1
1
1
2
2
2
1
1
1
Ulmus alata
Winged Elm
Tree
1
1
1
1
1
1
1
1
1
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
18
18
18
14
14
14
16
16
16
16
16
16
15
15
15
1
1
1
1
1
0.02
0.02
0.02
0.02
0.02
10
10
10
6
6
6
11
11
11
8
8
8
8
8
8
728
728
728
567
567
1 567
647
647
647
647
647
647
607
607
607
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
Volunteer species included in total
PnoLS - Planted Stems Excluding Live Stakes
P-all - All Planted Stems
T - All Woody Stems
Table 7. Stem Count Total and Planted Species by Vegetation Plot
Black Dirt Mitigation Bank Parcel
Monitoring Year 0 - 2023
Current Plot Data (MYO 2023)
Annual Means
Scientific Name
Common Name
Species Type
VP 21
VP 22
MYO (2023)
PnoLS
P-all
T
PnoLS
P-all
T
PnoLS
P-all
T
cer negundo
Boxelder
Tree
1
1
1
31
31
31
Betula nigra
River Birch
Tree
2
2
2
2
2
2
58
58
58
Diospyros virginiana
American Persimmon
Tree
2
2
2
2
2
2
34
34
34
Magnolia virginiana
Sweetbay Magnolia
Shrub Tree
1
1
1
1
1
1
16
16
16
Platanus occidentalis
Sycamore
Tree
3
3
3
1
1
1
60
60
60
Populus deltoides
Eastern Cottonwood
Tree
2
2
2
1
1
1
34
34
34
Prunus serotina
Black Cherry
Shrub Tree
1
1
1
15
15
15
Quercus nigra
Water Oak
Tree
1
1
1
1
1
1
16
16
16
Quercus pagoda
Cherrybark Oak
Tree
2
2
2
3
3
3
32
32
32
Quercus phellos
Willow Oak
Tree
1
1
1
2
2
2
32
32
32
Ulmus alata
Winged Elm
Tree
2
2
2
1
1
1
16
16
16
Stem count
size (ares)
size (ACRES)
Species count
Stems per ACRE
17
17
17
15
15
15
344
344
344
1
1
22
0.02
0.02
0.54
10
10
10
10
10
10
11
1HJ
688
688
688
607
607
607
633
6
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
Volunteer species included in total
PnoLS - Planted Stems Excluding Live Stakes
P-all - All Planted Stems
T - All Woody Stems
VEGETATION PLOT PHOTOGRAPHS
VEG PLOT 1(111912023) 1 VEG PLOT 2 (111912023) 1
VEG PLOT 3 (112412023) 1 VEG PLOT 4 (111912023) 1
VEG PLOT 5 (111912023)
VEG PLOT 6 (111912023)
Black Dirt Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
VEG PLOT 7 (111912023) 1 VEG PLOT 8 (112412023) 1
VEG PLOT 9 (111912023) 1 VEG PLOT 10 (111912023) 1
VEG PLOT 11(111912023)
VEG PLOT 12 (111912023)
Black Dirt Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
VEG PLOT 13 (111912023) 1 VEG PLOT 14 (111912023) 1
VEG PLOT 15 (111912023) 1 VEG PLOT 16 (111912023) 1
VEG PLOT 17 (112412023)
VEG PLOT 18 (112412023)
Black Dirt Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
VEG PLOT 19 (112412023) 1 VEG PLOT 20 (112412023) 1
VEG PLOT 21(112412023) I VEG PLOT 22 (112412023) I
Black Dirt Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
APPENDIX C. NCDWR Surface Water Determination and Site Viability Letter
DocuSign Envelope ID: 6E316151-60OA-4D6F-84DO-39AEEOFBBF05
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
George and Debra Grantham
3222 Stevens Mill Road
Goldsboro, NC 27530
Connie H. Feige and Paul A. Feige
16110 Turnbury Oak Drive
Odessa, FL 33556
(via email to clanza@a wildlandseng.com)
NORTH CAROLINA
Environmental Quality
February 25, 2021
DWR Project # 20210206
Wayne County
Subject: On -Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714)
Project Name: Black Dirt Bank Parcel
Address / Location: 2052 Stevens Mill Road, Goldsboro, NC 27530
Determination Date: February 25, 2021
Ms. Lanza,
Staff: Rick Trone
On February 25, 2021, Rick Trone of the Division of Water Resources conducted an on -site review of
features located on the subject property at the request of Wildlands Engineering, Inc. to determine
the applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 02B .0714).
The enclosed map(s) depict the feature(s) evaluated. This information is also summarized in the
table below. Streams that are considered "Subject" have been located on the most recently
published NRCS Soil Survey of Wayne County and/or the most recent copy of the USGS Topographic
(at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics
that qualify them to be at least intermittent streams. Features that are considered "Not Subject"
have been determined to not be at least intermittent or not present on the property or not
depicted on the required maps.
This determination only addresses the applicability to the buffer rules and does not approve any
activity within buffers or within waters of the state. There may be other streams or features
located on the property that do not appear on the maps referenced above. Any of the features
on the site may be considered jurisdictional according to the US Army Corps of Engineers and
subject to the Clean Water Act.
The following table addresses the features rated during the DWR site visit:
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH Ci RO�INA -
Department aiEn,imnmenwlWality /`� 919.707.9000
DocuSign Envelope ID: 6E316151-60OA-4D6F-84DO-39AEEOFBBF05
DWR # 20210206 Ver 1 Black Dirt Bank Parcel
Wayne County
Page 2 of 3
Feature
Depicted
Depicted on
ID
Type'
Subject
Start @
Stop @
on
USGS Topo
Soil Survey
UT1
I
X
Off Property
Off Property
X
X
Approximately 35.359531
A
D
-78.102927
Feature UT1
X
B
D
Approximately 35.357222
Feature UT1
X
-78.097651
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NE=Not Evaluated, D = Ditch
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 may request a determination by
the Director. An appeal request must be made within sixty (60) calendar days of the date of this
letter to the Director in writing.
If sending via U.S. Postal Service:
DWR 401 & Buffer Permitting Branch
Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
DWR 401 & Buffer Permitting Branch
Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This determination is final and binding as detailed above unless an appeal is requested within sixty
(60) calendar days.
This letter only addresses the features on the subject property and within the proposed project
easement and does not approve any activity within buffers or within waters of the state. If you
have any additional questions or require additional information, please contact Rick Trone at (919)
707-3631 or rick.trone@ncdenr.gov. This determination is subject to review as provided in Articles
3 & 4 of G.S. 150B.
Sincerely,
DocuSigned by:
:1111. 1 W,e�o�
49D91BA53 F4E0...
Pau Wojos i, Supervisor
401 & Buffer Permitting Branch
Enclosures: USGS Topographical Map, NRCS Soil Survey, Site Map
cc: 401 & Buffer Permitting Branch files
DocuSign Envelope ID: 6E316151-60OA-4D6F-84DO-39AEEOFBBF05
DWR # 20210206 Ver 1 Black Dirt Bank Parcel
Wayne County
Page 3 of 3
WILDLANDS 0 175 350 Figure 1_ Site Map
'cc: Blank Dirt Bank Parcel
ENGINEERING I I Neuse River Basin (03020201)
vfityne County; NC
DocuSign Envelope ID: 6E316151-600A-4D6F-84DO-39AEEOFBBF05
Black Dirt Bank Parcel
Wayne County, NC-DWR Project # 20210206
� t
Ditch A $ y
Ditch B
R NoHr
F_r
Go
r f f�r
a .. . .
r r
•�� • • •�'�5f�r ;v1• �Sk� •� r
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UT1: Subject's . : r ' •{
•• : sic i� !
e.
h # y f r7 fr ILL
_ a _ t
h "7r i •¢'
%A1.
NRCS Soil Survey Sheet 18
�Y Mom,
Wayne CO NC 1974 Wit' y Locations are approximate
Legend' o and are provided for refer-
, ence only
-property boundary � '� ,�,,,,,,n ,�
DocuSign Envelope ID: 6E316151-60OA-4D6F-84DO-39AEEOFBBF05
Black Dirt Bank Parcel
Wayne County, NC-DWR Project # 21-0206
UT1: Subject
�ENRY�,S�
USGS Topographical Map a�a
yr(so.n3
SW Goldsboro Quadrangle 2019 ,�
Locations are approximate
Legend' o and are provided for refer-
ence only
-property boundary
c
DocuSign Envelope ID: ABC62F5F-84F2-4708-B06C-53173B20E843
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 19, 2021
Andrea Eckardt
Wildlands Engineering, Inc
(via electronic mail: aeckardt0wildlandseng.com )
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Black Dirt Site
1990 Stevens Mill Rd, Goldsboro (near 35.355881,-78.098135)
Neuse 03020201
Wayne County
Dear Ms. Eckardt,
On March 23, 2021, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Wildlands Engineering, Inc (Wildlands) for a site visit near the above -
referenced site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site
visit was to determine the potential for riparian buffer mitigation and nutrient offset within a
proposed conservation easement boundary, which is more accurately depicted in the attached map
labeled "Figure 1-Site Map" (Figure 1) prepared by Wildlands. The proposed easement boundary in
Figure 1, includes all riparian areas intended to be proposed as part of a private mitigation bank. On
March 25, 2021, Ms. Merritt performed a site assessment of the subject site. Staff with Wildlands
were also present.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0703.
Feature
Classification
onsite
tSubiect
Riparian Land uses
adiacent to Feature
Buffer
Credit
'Nutrient
Offset
','Mitigation Type Determination Win
to
riparian areas
Buffer
0( 200')
Viable
Viable
Rule
UT 1
Stream
Yes
Right Bank - non -forested
2Yes
Yes (non-
Non -forested fields - Restoration Site per
agricultural fields
forested
15A NCAC 02B .0295 (n)
fields only)
Left Bank - mature forest
Forested Areas — Preservation Site per
15A NCAC 02B .0295 (o)(5)
Minor bank stabilization and grading
needed where bank stability is
compromised and where erosional rills,
sink holes and gullies are observed
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
_ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oePemme'totE.W... taio-r\ 919.707.9000
DocuSign Envelope ID: ABC62F5F-84F2-4708-B06C-53173B20E843 Black Dirt Site
Wildlands Engineering, Inc.
April 19, 2021
Feature
Classification
1Subiect
Riparian Land uses
Buffer
.'Nutrient
','Mitigation Tyne Determination Win
onsite
to
riparian areas
adiacent to Feature
Credit
Offset
Buffer
0( 200')
Viable
Viable
Rule
A
Ditch
No
Non -forested agricultural
No
Yes
Restoration Site per 15A NCAC 02B
>3' depth
fields
.0295 (n)
B
Ditch
No
Non -forested agricultural
No
Yes
Restoration Site per 15A NCAC 02B
>3' depth
fields and partially located
.0295 (n)
within a DOT Right Of
Way (ROW)
Note: No credits are allowed within the
DOT R.O.W
'Subjectivity calls for the features were determined by DWR in correspondence dated February 25, 2021 (ID# 2021-0206) using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by
the NRCS .
2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
'Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
s All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian
area.
6The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
Determinations provided in the table above were based on the proposed conservation easement
boundaries depicted in Figure 1 for the site. The map representing the proposal for the site is
attached to this letter and is initialed by Ms. Merritt on April 19, 2021. Substantial changes to the
proposed easement boundaries could affect the site's potential to generate buffer mitigation and
nutrient offset credits.
This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits.
Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to
DWR for written approval prior to conducting any mitigation activities in riparian areas and/or
surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a
proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for
approval prior to any mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0703.
Page 2 of 3
DocuSign Envelope ID: ABC62F5F-84F2-4708-B06C-53173B20E843 Black Dirt Site
Wildlands Engineering, Inc.
April 19, 2021
This viability assessment will expire on April 19, 2023 or upon approval of a mitigation plan
by the DWR, whichever comes first. This letter should be provided in any nutrient offset,
buffer, stream or wetland mitigation plan for this Site.
Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this
correspondence.
Sincerely,
PW/kym
Attachments: "Figure 1— Existing Conditions"
cc: File Copy (Katie Merritt)
DocuSigned by:
W102
949D916A53EF4E0...
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
Page 3 of 3
DocuSign Envelope ID: ABC62F5F-84F2-4708-B06C-53173B20E843
kV,W1LDLANDS
ENGINEERING
0 175 350 Feet
I I I I
DocuSignedNAby::
-wlm
_ ;
A43C72700BD543E...
Figure 1. Site Map
Black Dirt Bank Parcel
Neuse River Basin (03020201)
Wayne County, NC
APPENDIX D. Conservation Easement
Page 1 of 18
r-
llllll{lllllll111l�111 l lull{{l hill lull hill l ill lull lflll l{lll ll{Il ll l 111
Doc; ID: 013421400018jype: CRP
Recorded: 09/22/2022 at 04:49:05 PM
Fee Amt: $458.00 Pape 1 of IS
Revenue Tax: $420.00
WAYNE COUNTY, NC
CONSTANCE E. CORAM REGISTER OF HEEDS
BK 3769PG459-476
6mAo. QaltewYew
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
Attention: Matt Covington
r`w
1nn �81re-1✓L / j o.
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
PERMANENT CONSERVATION EASEMENT
k
THIS CONSERVATION EASEMENT ("Conservation Easement") made this 20th day of September, 2022 by
and between Debra Hollowell Grantham and husband, George L. Grantham; Carl Brook Grantham and
wife, Teresa Brewer Grantham; George BIake Grantham, Unmarried; Elizabeth Leigh Grantham Smith
and husband, Tony Smith; and Brittany Lynn Grantham, Unmarried (collectively "Grantor") and Unique
Places to Save, a North Carolina non-profit corporation ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County,
North Carolina, more particularly shown. on Exhibit A attached hereto and incorporated herein
("Property") and being a portion of the Property conveyed to the Grantor by deed as recorded in Deed
Book 3133 at Page 477 of the Wayne County Registry, North Carolina (PIN 2568-86-4323);
WHEREAS, Grantee is a 501(c)(3) North Carolina nonprofit corporation whose purpose includes the
perpetual conservation of the Conservation Easement Area (as defined) and which is qualified to be the
Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the
Property in its natural state, which includes the following natural communities: unnamed tributaries and
open field ditches that eventually contribute water flow to the Neuse River. The purpose of this
Conservation Easement is to maintain riparian resources and other natural values of approximately
Page 2 of 18
r
15.045 acres, more or less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or
development of the Conservation Easement Area for any purpose or in any manner that would conflict
with the maintenance of its natural condition.
WHEREAS, the preservation of the Conservation, Easement Area -is required by the Wildlands Holdings
III, LLC Rosewood/Black Dirt Nutrient Offset and Buffer Umbrella Mitigation Bank Parcel Mitigation
Banking Instrument ("MBI") (DWR# 2021-0206v2). The Conservation Easement Area will be restored to
a natural vegetated condition as provided in and specified in Black Dirt Mitigation Bank Parcel Bank
Parcel Development Package ("BPDP"). The Black Dirt Mitigation Bank Parcel is intended to be used
to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina
Division of Water Resources ("NCDWR") and to provide mitigation for nutrient offsets due to
development (both existing and proposed) within restricted areas of the Neuse River Basin.
f
WHEREAS, Grantor and,Grantee agree that third -party rights of enforcement shall be held by Wildlands
Holdings III, LLC (the "Bank Sponsor") and NCDWR ("Third Parties" to include any successor entities or
agencies), and may be exercised through the appropriate enforcement agencies of the United States and
the State of North Carolina, and that these rights are in addition to, and do not limit the enforcement
rights under the MBI, BPDP, or any permit or certification issued by Third Parties. The Bank Sponsor's
right of enforcement shall terminate upon close-out and final release of all mitigation credits from the
Black Dirt Mitigation Bank.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and
for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its
heirs, successors and assigns, forever and in perpetuity this Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Conservation Easement Area described on
Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross,
runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives,
heirs, successors and assigns, lessees, agents and licensees.
ARTICLE 11.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its
natural condition and restricted from any development or other activities that would impair or interfere
with the conservation values of the Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
Page 3 of 18
A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any introduction of non-native plants and/or
animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard- or other advertising display, antenna, utility pole, tower,
conduit, line -.pier, landing, dock or any other temporary or permanent structure or facility on or above
the Conservation Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited in the Conservation Easement
Area.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Conservation Easement Area except as provided in the MBI
and BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteer trees and shrubs approved in the MBI and BPDP is allowable once a year for no more than five
consecutive years from the date on page 1 of this Conservation Easement, except where mowing will
negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank
Sponsor and shall not violate any part of Item M of Article 11.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except
the posting of no trespassing signs, signs identifying the conservation values of the Conservation
Easement Area, signs giving directions or proscribing rules and regulations for the use of the
Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation
Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement
of underground or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, .filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials,
and no change in the topography of the land in any manner on the Conservation Easement Area.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or, permitting the diversion of surface or
Page 4 of 18
underground water into, within or out of the Conservation Easement Area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides
is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. Subdivision. The Grantor and Grantee agree that the Conservation Easement Area currently
consists of one contiguous land area totaling approximately 13.250 acres within the Property. The
Grantor may not further subdivide the Conservation Easement Area, except with the prior written
consent of the Grantee. If Grantee grants permission for Grantor to further subdivide any portion of the
Conservation Easement Area, with appropriate permission from Grantee, Grantor must provide the
Grantee the name, address, and telephone number of new owner(s) of all property within the
Conservation Easement Area, if different from Grantor. No subdivision of the Conservation Easement
Area shall limit the right of ingress and egress over and across the Property for the purposes set forth
herein. Further, in the event of any subdivision of the Property (whether inside or outside of the
Conservation Easement Area) provision shall be made to preserve not only Grantee's perpetual rights of
access to the Conservation Easement Area, as defined herein, but also Grantee's right of perpetual
access to any conservation easements on properties adjacent to the Property which form a part of or
are included in the MBI and/or the BPDP or as otherwise acknowledged. Creation of a condominium or
any de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot
consolidation without the prior written consent of the Grantee is prohibited. The Grantor may convey
undivided interests in the Conservation Easement Area. The Grantor shall notify the Grantee
immediately of the name, address, and telephone number of any grantee of an undivided interest in any
property within the Conservation Easement Area.
M. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access
for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as
described in the MBI and/or the BPDP.
N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area
which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Area substantially in its natural condition, or the protection of its environmental
systems, is prohibited.
ARTICLE ill
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the
right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation
Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation
Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation' Easement Area, in
whole or in part as provided in Article 11, Paragraph L, provided such sale, transfer or gift conveyance is
4
Page 5 of 18
subject to the terms of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, successors and assigns, and
the Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the
Conservation Easement Area, in accordance with the MBI and BPDP.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the Bank Sponsor and NCDWR,
shall have the right to enter the Property and Conservation Easement Area at all reasonable times for
the purpose of inspecting said property to determine if the Grantor, or his personal representatives,
heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this
Conservation Easement. The Grantee shall also have the right to enter and go upon the Property and
the Conservation Easement Area for purposes of making scientific or educational observations and
studies, and taking samples. The easement rights granted herein *do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent
any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this
Conservation Easement and to require the restoration of such areas or features of the Conservation
Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this
Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to
correct the conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages,
injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right,
without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the
breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair
the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge
that under such circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and
not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation
Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court
costs, and attorneys' fees, shall be paid by'Grantor, provided Grantor is determined to be responsible
for the breach. NCDWR shall have the same right to enforce the terms and conditions of this
Conservation Easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Conservation Easement Area resulting
5
Page 6 of 18
from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of
God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith
by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage
to Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the granting
of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or
other interests in the Property which have not been expressly subordinated to this Conservation
Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits
derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend
title to the Property against the claims of all persons.
i
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Conservation Easement Area. The Grantor agrees to provide written notice to the Grantee of such
transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that
the terms of this Conservation Easement shall survive any merger of the fee and easement interests in
the Conservation Easement Area or any portion the and shall not be amended, modified or
terminated without the prior written consent and approval of NCDWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal
Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or
assignment wild be such that the transferee or assignee will be required to continue in perpetuity the
conservation purposes described in this Conservation Easement.
D. Entire Agreement and Severability. The MBi, BPDP and this instrument set forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall
continue in full force and, effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation
to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the
Reserved Rights.
2
Page 7 of 18
F. Extinguishment. In the event that changed conditions render impossible the continued use
of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only
be extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the
exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover
the full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Conservation Easement Area is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain,
Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate
that the fair market value of this Conservation Easement shall be determined by multiplying the fair
market value of the Conservation Easement Area unencumbered by this Conservation Easement (minus
any increase in value after the date of this grant attributable to improvements) by the ratio of the value
of this easement at the time of this grant to the value of the Conservation Easement Area (without
deduction for the value of this Conservation Easement) at the time of this grant. The values at the time
of this grant shall be the values used, or which would have been used, to calculate a deduction for federal
income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with
the purposes of this Conservation Easement, which, as stated above, include the maintenance and
preservation of riparian natural resources in North Carolina or other geographies within North America.
I. Notification. Any notice, request for approval, or other communication required under this
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following
addresses (or such address as may be hereafter specified by notice pursuant to this paragraph):
To Grantor:
George and Debra Grantham
3222 Stevens Mill Road
Goldsboro, NC 28365
To Grantee:
Unique Places to Save
P0Box 1183
Chapel Hill, NC 27514
To NCDWR:
NCDENR — Division of Water Resources
401 & Buffer Permitting Unit.
Attn: Nutrient Offset Banking Coordinator
1650 Mail Service Center
Raleigh, NC 27699-1650
7
Page 8 of 18
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period. of time after
the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation
Easement, then the Grantee's interest shall become vested in another qualified grantee upon approval
by the NCDWR and'in accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in writing signed by
all parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement orthe status of the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
L. Present Condition of the Conservation Easement Area.
a. Bank Parcel Development Plan. The wetlands, scenic, resource, environmental, and other
natural characteristics of the Conservation Easement Area, and its current use and state of
improvement, are described in Section 2 of the BPDP, dated October 2021, prepared by Wildlands
Engineering, Inc. and acknowledged by the Grantor and Grantee to be complete and accurate as of the
date hereof. Both Grantor and Grantee have copies of the BPDP. 1t will be used by the parties to
assure that any future changes in the use of the Conservation Easement Area will be consistent with the
terms of this Conservation Easement. However, this report is not intended to preclude the use of other
evidence to establish the present condition of the Conservation Easement Area if there is a controversy
over its use.
b. Baseline Documentation Report. The characteristics of the Conservation Easement Area and
the status of improvements and development shall be described in a Baseline Documentation Report
(the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be
acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the
mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation
project). , Both the Grantee and the Grantor will have copies of the Baseline, and a copy will be retained
in the Grantee's files. The Baseline will be used by the Grantee to -,assure that any future changes in
the use or condition of the Conservation Easement Area will be consistent with the terms of this
Conservation Easement.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
Page 9 of 18
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and sea[, the day and year first above
written. I - ,
GRANTOR:
01" "�SEAQ
Debra Hollowell Grantham
'1, (SEAL)
George L. Grantham
Date:. J�eti 7��•• `t:
{
STATE OF 'Nar4A bAM(A
COUNTYOF��f
I, E-1 Lsf.f2�,(i('1 A i�-iULiI!ad6 , a Notary Public in and for the County and State aforesaid, do
hereby certify that Debra Hollowell Grantham and George L. Grantham, Grantor, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the, �' day of
2022.
••••�pµr�nuinry,y�� Notary Public
E-
VA A
,•�- 'qCL-
'- My commission expires:
�CTAR)�' y
o=
pUBL% '
COON ,,•''
,
9 f
Page 1 of 15
_' hllllll[I[llllll[II[11�1[[[�11[[Illllllll[lll[lll[[[I[[[[I[Il�ll[[[IIl[I '
Doc ID: 013421310015 Type: CRP
I Recorded: 09/22/2022 at 04:39:31 PM
Fee Amt: $397.00 Pape 1 of 15
Revenue Tax:•$371.00
WAYNE COUNTY, NO
CONSTANCE B. CORM REGISTER OF DEEDS
BK3769PG409-423
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
Attention: Matt Covington
iR8 v�c•�,.� `' 371. crt7
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement') made this 20th day of September, 2022 by
and between Connie Hollowell Feige and husband Paul Allen Feige, Erika Ann Beasley AIIen and
husband, Thomas Edward Allen ("Grantor") and Unique Places to Save, a North Carolina non-profit
corporation ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County,
North Carolina, more particularly shown on Exhibit A attached hereto and incorporated herein
("Property") and being a portion of the Property conveyed to the Grantor by deed as recorded in Deed
Book 3133 at Page 486 of the Wayne County'Registry, North Carolina (PIN 2568-86-0795);
WHEREAS, Grantee is a 501(c)(3) North Carolina nonprofit corporation whose purpose includes the
perpetual conservation of the Conservation Easement Area (as defined) and which is qualified to be the
Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the
Property in its natural state, which includes the following natural communities: unnamed tributaries and
open field ditches that eventually contribute water flow to the Neuse River. The purpose of this
Conservation Easement is to maintain riparian resources and other natural values of approximately
13.250 acres, more or less,,and being more particularly -described in Exhibit B attached hereto and
Page 2 of 15
ut
incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or
development of the Conservation Easement Area for any purpose or in any manner that would conflict
with the maintenance of its natural condition.
WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings
III, LLC Rosewood/Black Dirt Nutrient Offset and Buffer Umbrella Mitigation Bank'Parcel Mitigation
Banking Instrument ("MBI") (DWR# 2021-0206v2). The Conservation Easement Area will be restored to
a natural vegetated condition as provided in and specified in Black Dirt Mitigation. Bank Parcel Bank
Parcel Development Package ("BPDP"). The Black Dirt Mitigation Bank Parcel is intended to be used
to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina
Division of Water Resources ("NCDWR") and to provide mitigation for nutrient offsets due to
development (both existing and proposed) within restricted areas of the Neuse River Basin.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by Wildlands
Holdings III, LLC (the "Bank Sponsor") and NCDWR ("Third Parties" to include any successor entities or
agencies), and may be exercised through the appropriate enforcement agencies of the United States and
the State of North Carolina, and that these rights are in addition to, and do not limit the enforcement
rights under the MBI, BPDP, or any permit or certification issued by Third -Parties. The Bank Sponsor's
right of enforcement shall terminate upon close-out and final release of all mitigation credits from the
Black Dirt Mitigation Bank.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and
for other good and valuable consideration, the receipt -and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its
heirs, successors and assigns, forever and in perpetuity this Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Conservation Easement Area described on
Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross,
runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives,
heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Area shall. be preserved in its
natural condition and restricted from any development or other activities,that would impair or interfere
with the conservation values of the Conservation Easement Area.
Without limiting the generality of the foregoing, the, following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
Page 3 of 15
A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any introduction of non-native plants and/or
animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above
the Conservation Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential 'and/or commercial
activities, including any right of passage for such purposes are prohibited in the Conservation Easement
Area. 1i
D. Agricultural, .Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Area are prohibited. .
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Conservation Easement Area except as provided in the MBI
and BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteer trees and shrubs approved in the MBI and BPDP is allowable once a year for no more than five
consecutive years from the date on page 1 of this Conservation Easement, except where mowing will
negatively impact vegetation .or disturb soils. Mowing activities shall only be performed by the Bank
Sponsor and shall not violate any part of Item M of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways.
G. Signnaage_ No signs shall tie permitted on or over the Conservation Easement Area, except
the posting of no trespassing signs, signs identifying the conservation values of the Conservation.
Easement Area, signs giving directions or proscribing rules and regulations for the use of the
Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation
Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement
of underground or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
I.; Excavation. Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials,
and no change in the topography of the land in any manner on the Conservation Easement Area.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or
3
Page 4 of 15
underground water into, within or out of the Conservation Easement Area by any .means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides
is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. Subdivision. The Grantor and Grantee agree that the Conservation Easement Area currently
consists of one contiguous land area totaling approximately 13.250 acres within the Property. The
Grantor may not further subdivide the Conservation Easement Area, except with the prior written
consent of the Grantee. If Grantee grants permission for Grantor to further subdivide any portion of the
Conservation Easement Area, with appropriate permission from Grantee, Grantor must provide the
Grantee the name, address, and telephone number of new owner(s) of all property within the
Conservation Easement Area, if different from Grantor. No subdivision of the Conservation Easement
Area shall limit the right of ingress and egress over and across the Property for the purposes set forth
herein. Further, in the event of any subdivision of the Property (whether inside or outside of the
Conservation Easement Area) provision shall be made to preserve not only Grantee's perpetual rights of
access to the Conservation Easement Area, as defined herein, but also Grantee's right of perpetual
access to any conservation easements on properties adjacent to the Property which form a part of or
are included in the MBI and/or the BPDP or as otherwise acknowledged. Creation of a condominium or
any de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot
consolidation without the prior written consent of the Grantee is prohibited. The Grantor may convey
undivided interests in the Conservation Easement Area. The Grantor shall notify the Grantee
immediately of the name, address, and telephone number of any grantee of an undivided interest in any
property within the Conservation Easement Area.
M. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access
- for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as
described in the MBI and/or,the BPDP.
N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area
which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Area substantially in its natural condition, or the protection of its environmental
systems, is prohibited.
ARTICLE Ili
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the
right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation
Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation
Easement Area, the right to sell, transfer, gift.or otherwise convey the Conservation Easement Area, in
whole or in part as provided in Article Il, Paragraph L, provided such sale, transfer or gift conveyance is
4
Page 5 of 15
subject to the terms of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, successor`s and assigns, and
the Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the
Conservation Easement Area, in accordance with the approved MBI and BPDP.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors.and assigns, the Bank Sponsor and NCDWR,
shall have the right to enter the Property and Conservation Easement Area at all reasonable times for
the purpose of inspecting said property to determine if the Grantor, or his personal representatives,
heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this
Conservation Easement. The Grantee shall also have the right to enter and go upon the Property and
the Conservation Easement Area for purposes of making scientific or educational observations and
studies, and taking samples. The easement rights granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A, To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent
any activity on or use of the.Con'servation Easement Area that is inconsistent with the purposes of this
Conservation Easement and to require the restoration of such areas or features of the Conservation
Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this
Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach.. The Grantor shall have 30 days after receipt of such notice to
correct the conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages,
injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right,
without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the
breach of the term of.this Conservation Easement is or would irreversibly or otherwise materially impair
the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge
that under such circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and
not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation
Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court
`costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible
for the breach. NCDWR shall have the same right to enforce the terms and conditions of this
Conservation Easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Conservation Easement Area resulting
Page 6 of 15
from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of
God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith
by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage
to Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in
fee simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, tax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to this
Conservation Easement: Grantor further warrants that Grantee shall have the use of and enjoy all the .
benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and
defend title to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Conservation Easement Area. The Grantor agrees to provide written notice to the Grantee of such
transfer at least thirty. (30) days prior to the date of the transfer. The Grantor and Grantee agree that,
the terms of this Conservation Easement shall survive any merger of the fee and easement interests in
the Conservation Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of NCDWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal
Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to continue in perpetuity the
conservation purposes described in this Conservation Easement.
D. Entire Agreement and Severability. The MBI, BPDP and this instrument set forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall
continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees; or charges levied upon, the Property. Grantor shall keep the Property free of any liens. or. other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation
'to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the
Reserved Rights.
r.1
Page 7 of 15
V
F. Extinguishment. In the event that changed conditions render impossible the continued use
of the Conservation Easement Area forthe conservation purposes, this Conservation Easement may only
be extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the
exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover
the full value of the taking, and all incidental and direct damages due to the taking-
H. Proceeds, This Conservation Easement constitutes a real property interest immediately
vested in Grantee.. In the event that all or a portion of this Conservation Easement Area is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain,
Grantee shall be entitled to the fair market value of this Conservation .Easement. The parties stipulate
that the fair market value of this Consefation Easement shall be determined by multiplying the fair
market value of the Conservation Easement Area unencumbered by this Conservation Easement (minus
any increase in value after the date of this grant attributable to improvements) by the ratio of the value
of this easement at the time -of this grant to the value of the Conservation Easement Area (without
deduction for the value of this Conservation Easement) at the time of this grant. The values at the time
of this grant shall be the values used, or which would have been used, to calculate a deduction forfederal
income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the.proceeds in a manner consistent with
the purposes of this Conservation Easement, which, as stated above, include the maintenance and
preservation of riparian natural resources in North Carolina or other geographies within North America.
1. Notification. Any notice, request for approval, or other communication required under this
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following
addresses (or such address as may be hereafter specified by notice pursuant to this paragraph):
To Grantor:
Connie H. Feige
16110 Turnbury Oak Drive
Odessa,.FL 33556-2869
To Grantee:
Unique Places to Save
P 0 Box 1183
Chapel Hill, NC 27514
To NCDWR:
NCDENR — Division of Water Resources
401 & Buffer Permitting Unit
Attn: Nutrient Offset Banking Coordinator
1650'Mail Service Center
Raleigh, NC 27699-1650
7
M
Page 8 of 15
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after
the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation
Easement, then the Grantee's interest shall become vested in another qualified grantee upon approval
by the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in writing signed by
all parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement orthe status of the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
L. Present Condition of the Conservation Easement Area.
a. Bank Parcel Development Plan. The wetlands, scenic, resource, environmental, and other
natural characteristics of the Conservation Easement Area, and its current use and state of
improvement, are described in Section 2 of the 'BPDP dated October 2021, prepared by Wildlands
Engineering, Inc. and acknowledged by the Grantor -.and Grantee to be complete and accurate as of the
date hereof. - Both Grantor and Grantee have copies of the BPDP. It will be used by the parties to
assure that any future changes in the use of the Conservation Easement Area will be consistent with the
terms of this Conservation Easement. However, this report is not intended to preclude the use of other
evidence to establish"the preset condition of the Conservation Easement Area if there is a controversy
over its use.
b. Baseline Documentation Report. The characteristics of the Conservation, Easement Area and
the status of improvements and development shall be described in a Baseline Documentation Report
(the `Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be
acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the
mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation
project). Both the Grantee and the Grantor will have copies of the Baseline, and a copy will be retained
in the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in
the .use or condition of the Conservation Easement Area will be consistent with: the terms of this
Conservation Easement.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
Page 9 of 15
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
GRANTOR:
(SEAL)
Connie Ho owell Feige
r4i dj&tU (SEAL)
Pau Ilen Feige
By P (SEAL)
Connie H. Feige, Agent
Date: C7_
5
STATE OF NORTH CAROLINA
COUNTY OF LV 4.1 NYC-
1, _ ahv"}' �.✓ati , a Notary Public in and for the County and State aforesaid, do
hereby certify that Connie Holl�l Feige, Grantor, personally appeared before me this day and
acknowledged the execution of the foregoing instrument. ,
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the / 9 day of
-Se+►bri 2022.
otary P
Public
My commission expires:
MeWenburg _
County �+ a 3 r �Z
Page 10 of 15
STATE OF NORTH CAROLINA
COUNTY OF G►/' C
I; /40)jel-+ i-VI �_q_q , a Notary Public in and for the County and State aforesaid, do
hereby certify that Connie H. Feige, agent for Paul Allen Feige, Grantor, personally appeared before me
this day and being by me duly sworn, says that she executed the foregoing and annexed instrument for
and on behalf of the said Paul Allen Feige, and that her authority to execute and acknowledge said
instrument is contained in an instrument duly executed, acknowledged and recorded in the Wayne
County, North Carolina Register of Deeds on the c-?� day of 2022 in Book Page
4zi and that this instrument was executed under and by virtue of the authority given by said
instrument granting her power of attorney.
I do further certify that the said Connie H. Feige acknowledged the due execution of the foregoing and
annexed instrument for the purposes therein expressed for and on behalf of the said Paul Allen Feige.
Witness my hand and official seal, this day of SSQ4c-h tan , 2022.
JV
(Official Stamp or Seal) ,
Nota rf 9Tu—bl
My commission expires:
10
Page 11 of 15
GRANTOR:
L]
Erik Ann Be_as a Ile
By (SEAL)
Connie H. Feige, Agent
a
Tho s Edward I n.
By: (SEAL)
Connie H. Feige, AgeFn
Date: "1 —
STATE OF NORTH CAROLINA
COUNTY OF Lye, c
1, . /49 her +Gc,. 6✓ a Notary Public in and for the County and State aforesaid, do
hereby certify that Connie H. eige, agent for Erika Ann Beasley Allen, Grantor, personally appeared
before me this day and being by me duly sworn, says that she executed the foregoing and annexed
instrument for and on behalf of the said Erika Ann Beasley Allen, and that her authority to execute and
.acknowledge said instrument is contained in an instrument duly executed, acknowledged and recorded
in the Wayne Count', North Carolina Register of Deeds on the .2a day of �i,� 2022 in Book
to Pages and that this instrument was executed under and by virtue of the authority given by
said instrument granting her power of attorney. _
I do further certify that the said Connie H. Feige acknowledged the due execution -of the foregoing and
annexed instrument for the purposes therein expressed for and on behalf of the said Erika Ann
Beasley Allen.
Witness my hand and official seal, this, 9 day of 2022.
(Official Stamp or Seal)
Notablic
w11Q My commission expires:
tl�a+r
I1
Page 12 of 15
STATE OF NORTH CAROLINA
COUNTY OF t' 41 c
I, l V—htoe ' W• JZL.,0 a Notary Public in and for the County and State aforesaid, do
hereby certify that Connie .Feige, agent for Thomas Edward Allen, Grantor, personally appeared
before me this day and being by me duly sworn, says that she executed the foregoing and annexed
instrument for and on behalf of the said Thomas Edward Allen, and that her authority to execute and
acknowledge said instrument is contained in an instrument duly executed, acknowledged and recorded
� in 7the Wayne County, North Carolina Register of Deeds on the �2 day of s dr1' 2022 in Book
374 Page � and that this instrument was executed under and by virtue of the authority given by
said instrument granting her power of attorney.
I do further certify that the said Connie H. Feige acknowledged the due execution of the foregoing and
annexed instrument for the purposes therein expressed for and on behalf of the said Thomas Edward
Allen.
Witness my hand and official seal, this day of :% 2022.
(Official Stamp or Seal)
6.10
Notary pubtic
Mecklenburg
County
%2-2111'CAR�r ��,,•
i
My commission expires:
5 r1l 3_ .2z
112
Page 13 of 15
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above
k�tten.
GkANTEE:
UNIQUE PLACES TO SAVE
1
gal
Date: Date: Aor6 Fjb zz
NORTH CAROLINA COUNTY OF b� a►n g t
I, U\QL` l c 61.01 , a Notary Public in and for the County and State aforesaid, do
hereby certify that :Rff F:O V1.2_ v , personally appeared before me this day and acknowledged
that he is 13M V6, 001ir of VA NVE f I&M �D_SAUL a non-profit corporation, and that
he, 2,EE i=i,M eir . being authorized to do so, executed the foregoing on behalf of the
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the Z Z• day of
M&(Ck► .202Z
Nao ry Public Notary Public
Now Carolina
M Commission Tres 1019 2026 My commission expires:
calla zzoz�
13
Page 14 of 15
_J
r
J
'i
This map is not a certified survey
and has riot been:reviewed by a
local government agency for
compliance with any applicable
land development regulation and
has not been reviewed for
compliance with recording
requirements for plats.
- i
Parcels
Q Project Parcel
2568860795
1
4
J
Exhibit A - Property
WI L D L A N D S— Black Dirt Mitigation Bank Parcel
E N G I N E E R I N G 0 150 300 Feet k
Rosewood/Black Dirt Mitigation Bank
I I I r I Neuse River Basin (03020201)
14
Page 15 of 15
v
EXHIBIT B
Description of Conservation Easement Areas for Wildlands Engineering, Inc., Black Dirt
Riparian Buffer and Nutrient Offset Mitigation Bank located in Brogden Township, Wayne
County, North Carolina. All references to the Wayne County Register of Deeds unless
otherwise noted.
CE "A"
Beginning at an existing iron stake on the line of Parker Richard Worth (now or formerly, see
Deed Book 3170, Pg. 104), said stake being located N 70034'50" E 802.07' from Site Control
Point#1 (rebar with plastic cap) having NC Grid Coordinates [NAD83(2011)] N=586,116.67
USft, E=2,268,484.74 USft, said stake being the western corner of Debra H. Grantham (now or
formerly, see Deed Book 3133, Pg. 477 and Plat Cabinet O, Pg. 19-13, Tract C-2), and being S
29°37'37" W a distance of 997.61' from an existing rebar;
thence, from the point of Beginning, with the Worth line, N 38'46'19" W a distance of 274.02' to
a rebar with cap set;
thence N 72°05'03" W a distance of 758.00' to a rebar with cap set, a corner of Worth and
Randall E_ Coone (now or formerly, see Deed Book 3304, Pg. 617);
thence, with the Coone line, N 70043'34" W a distance of 212.82' to a rebar with cap set;
thence N 19010'28" E a distance of 168.53' to a rebar with cap sset;
thence N 55024'19" E a distance of 244.16' to an existing iron pipe;
thence, with a new line, N 46000'29" E a distance of 220.11' to a rebar with cap set;
thence S 68°37'48" E a distance of 794.73' to a rebar with cap set;
thence S 17'04'03" W a distance of 310.55' to a rebar with cap set;
thence S 74°55'14" E a distance of 221.75' to a rebar with cap set on the Grantham line;
thence, with the Grantham line, S 29°37'37" W a distance of 372.26' to the point of Beginning;
containing 13.250 acres, more or less, and shown as CE "A" on a plat prepared by Turner
Land Surveying, PLLC (P-0702) of Swannanoa, NC,. entitled "Conservation Easement Plat for
Wildlands Engineering, Inc., Black Dirt Riparian Buffer d Nutrient Offst Mitigation Bank"
dated January 14, 2022 and recorded in Plat Book, Page of the Wayne
County Register of Deeds.
TOGETHER WITH that 30-foot wide access easement as described in Deed recorded in Deed Book
3133 at Page 504 in the Wayne County Registry and as shown on the above -referenced Plat.
15
N
APPENDIX E. Overview Photographs
EROSION STABILIZATION PHOTOGRAPHS
�i:,�'�=z Ftw.w3:,'r ,; b, . F frl �'p"•�:�+i1�6h�''` � +,
ri
Y h h} ytf�V 6-
���
S W ..
k�
:n� E i � •., �,, � t* to . ` Ira
UT1 Erosion Reduction via Overland Flow Diversion & Live Staking (111912023)
UT1 Erosion Reduction via Overland Flow Diversion & Live Staking (111912023)
Black Dirt Mitigation Bank Parcel
Appendix E: Erosion Stabilization Photographs
UT
UT1 Live Stakes (111912023)
Black Dirt Mitigation Bank Parcel
Appendix E: Erosion Stabilization Photographs
DITCH A & UT1 CONFLUENCE PHOTOGRAPHS
-AR
{rt
I�
Irf
y fli
k
Ditch A & UT1 Stable Conditions (21912023)
I
Ditch A & UT1 Stable Conditions (21912023)
Black Dirt Mitigation Bank Parcel
Appendix E: Ditch A & UT1 Confluence Photographs
x { /
055
dw
. i yl
Ditch A & UT1 Confluence Stable Conditions (21912023)
Black Dirt Mitigation Bank Parcel
Appendix E: Ditch A & UT1 Confluence Photographs