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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 eµ T Q° - aµd 9R �r J B a� .pa c miJ i 0 D 1 � 7` f / L � p r 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. dµd R� 13 d� {y Goldsboro Roy'rrgve 3 Egshsr E EI 'i mt �r ynlOUl 9 l An —Air Force B.,-.- WtWW1LDLANDS 0 1., 3Miles E N G I N E E R I N G I I I I I Mar-Mac =gl 9 it- �9f 9B9 a Blvd Bin ��° 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 j I Black Dirt Bank Parcel Location iliutner I � �ieba I / L..m him I Hillsborough %•� ,� /� % urham `' '�• •F`WakeF,` o` -'�t Chape:Hill �_�,4'r„��� R :� l e l y It .����•` 03020201 ,.•'� � �,�''� iu orate-_ � '1 Ir .�.•�� it li^I �y. Fil ^� ♦ - ��• I II 5 _ / rep Smithfiebl ' '�.. Fa.0 (_14,. A Lillie jt I, Buies Coat_ Creek ; ` I, Erwin .i Walkertowln�:` pring Lake .Braaa �WILDLANDS E N G I N E E R I N G 0 5 10 Miles I I I I 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 ENGINEERING �, f ^{ •S 'i,..�, i � f�[.��� ��1 Y.e1 .f "lam' y •� i +<1 z • d`:rW i 1r c T'r"''y err - tr 200, . ��� ► \0'► Figure 3. Credit Generation Map 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 E N G I N E E R I N G 0 \/J_.#, AL lR. 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:, _ 92 �cI \ eye • , S U FI. \ F IG NSF \ CONNIE H. FEI D.B. 3133, PG. \ P.C. 0, PG. 19 0 o TRACT C-1 0 0 0 PIN: 2568-86-0 \ / 0 0 0 0 0 0 0 0 0 0 0 0 0 000000 0 o/ /IT�yA//// o oo°0000 o 0 o / o 0 0 _ o RANDALN7E COONE D.B. 3304, PG. 617 I P.B. A PG. 72AB TRACT D PIN: 2568-67-21 18 I 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 \ TRACT B PIN: 2568-87-5672 B6 795 0 \ 0 0 0 N7F DEBRA H. GRANTHAM D.B. 3133, PG. 477 \ 0 /� Q P.C. 0, PG. 19—B \\ 0 TRACT C-2 \ 0 / PIN: 2568-86-4323 \ \ EXISTING/V\ 0 0 0 30' ACCESS 3133, EASEMENT PG. 477 0 0 0 o 0 0 0 0 D.B. \ 0 0 0 0 0 0 0 0 0 0 0 0 0 o 10 0 0 0 / I 0 O O O O O \ \ O O O O O O / O O O O D `\ / O O O O O O O O O O O O O O O O O O O O \ 0 000000 0 o/ // / / o 0 0 / 000000 / 0 / // 0 0 0 0 0 o O RICHARD WdRTH PARKER o 0 0 0 0 0 0 0 O� o D.B. 3170, PG. 104 0 o O/0 0 0 0 0 0 0 0/ P.C. L. PG. 10G PIN: 2568-75-7905 0 0 0 0 0 0 0 0 0 0 0 / 0 0 0 0 o I Q 0 0 0 0 o 0 0 o DEBRA H GRANTHAM D.B. 3133 PG. 477 P.C. 0, CT C-19-B TRA/ 2 P.C. A, PG. 72AB PIN: 2568-86-4323 / i lb i LINE LEGEND: \ ,' C:ox 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. m D �m = m to Ey „o o M � <_ m 0 D z m nrfi =m 'n AS -BUILT SURVEY OF BUFFER AREAS FOR VISIONS, DATE AND INITIAL' WILDLANDS ENGINEERING, INC. P.O. BOX 148 O II MA �� N �o SWANNANOA, NC 28778 RNER � O D � o { _°° { W BLACK DIRT MITIGATION BANK PARCEL P-0702 (919) 827-0745 1 o w -I 0 n, m m n.,.. c0 o NEUSE RIVER BASIN ", TurnerLandSurveying.com G' BROGDEN TOWNSHIP WAYNE COUNTY NORTH CAROLINA 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 F �' f ' 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